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UC-NRLF 


SB    20    71fl 


GIFT  OF 
rAaa/r. 


TABLE  OF  CONTENTS 


CONSTITUTIONAL  PROVISIONS 
ARTICLE  IV 

SEC.  PAGE 

5  Oath  of  office.__ * 3 

6  Removal  from  office... 3 

8     Legislature  to  prescribe  terms  of  office 3 

ARTICLE  VIII 

27     Districts 3 

ARTICLE  IX 

4  County  officers  subject  to  indictment 3 

ARTICLE  X 

2      Capitation  tax. 4 

5  Power  of  legislature  to  levy : '. 4 

7  County  taxes  not  to  exceed  what — debt... 4 

8  Bonded  Indebtedness... 4 

ARTICLE  XII 

1  Legislature  to  provide  system  of  free  schools 5 

2  General  Supervision 5 

3  County  superintendents. 5 

4  School  fund— board  of._ 5 

school  fund  amendment 6 

5  Legislature  to  provide  for  free  schools 6 

6  Districts 6 

7  Levies  to  be  reported  to  clerk  of  county  court 6 

8  White  and  colored  pupils 6 

9  School  officers  not  to  be  interested  in  sale  of  books v -- 6 

10  Independent  districts._ 6 

1 1  Normal  schools 6 

12  Legislature  to  encourage  improvement... 6 

Errata 7 

THE  SCHOOL  LAW  OF  WEST  VIRGINIA 
Chapter  45  of  Code 

1  Definitions— school — district — teacher 9 

2  School  year. 9 

3  School  districts 9 

State  Board  of  Education 

4  How  constituted — vacancies- — how  filled 9 

5  Meetings,  salary,  expenses JO 

6  Organization 1 1 

7  Powers  and  Duties. .*. 1 1 

8  Training  of  Teachers ' ' 

9  Shall  prescribe  minimum  standards  for  courses  of  study._ 12 

10  Plans  for  school  buildings  shall  be  approved 

I  1      Shall  adopt  'text-books. 1 2 

12     Gifts  and  bribes. 14 


iv  TABLE  OF  CONTENTS 


SEC.  PAGE 

13  Shall  make-rules  governing  purchase,  distribution,  and  care  of  text-books 

14  Shall  make  rules 14 

15  Shall  exercise  other  authority. 

16  Boards  abolished 15 

The  State  Superintendent  of  Schools 

1 7  Election,  qualifications,  salary 

General  Powers  and  Duties 

\  8  Shall  provide  seal. _ 

19  Shall  have  general  supervision  of  schools 

20  Shall  institute  proceedings. 

21  May  hold  conference 

22  Shall  give  interpretation _ 16 

23  State  manuals  and  other  publications - 16 

24  Shall  make  a  biennial  report_.._ 

25  Shall  employ  assistants  _ _ 

26  Other  powers  and  duties 

The  County  Superintendent  of  Schools 

31  Election,  qualification,  oath,  bond 

32  Vacancy— how  filled 

33  Compensation 

34  How  payments  shall  be  made 

General  Powers  and  Duties 

35  Shall  be  chief  executive  officer 

36  Shall  visit  schools 

37  May  hold  conference 

38  Shall  be  county  financial  secretary 

39  Shall  make  annual  report _ 

40  Shall  exercise  other  authority. — 

District  Board  of  Education 

41  How  constituted — election — term 

42  Tie  in  the  vote 

43  Vocancy— how  filled 

44  Oath  of  office 

45  Meetings,  quorum,  compensation 

General  Powers  and  Duties 

46  The  district  board  a  corporation 

47  School  land _ 

48  School  property  may  be  sold 

49  Shall  provide  school  sites. 

50  Shall  provide  buildings,  furniture,  and  equipment.... 

51  May  provide  buildings  jointly 

52  Bond  required  from  contractors 

53  May  appoint  trustees..._ 

54  Minimum  school  term — board  may  extend  same 

55  Minimum  salaries  for  teachers — board  may  increase 

56  May  appoint  district  supervisor 

57  Shall  appoint  teachers 

58  Shall  have  general  control 

59  Transfer  of  pupils — tuition 

60  May  provide  kindergartens. 

61  Evening  schools  and  other  school  extension  activities. — _ 

62  Shall  provide  school  libraries 

63  May  display  United  States  flag 30 

64  Medical  inspection  and  school  nurses - 


TABLE  OF  CONTENTS 


SEC.  PAGE 

65  Free  text-books .". 30 

66  May  establish  teachers'  retirement  fund._ 31 

67  Shall  provide  schools  for  colored  pupils 31 

68  Other  duties _ -^... 31 

Secretary 

69  Secretary  of  district  board  of  education — general  duties. 31 

70  Abstract  of  proceeding 32 

71  Administer  oaths '."..„. 32 

72  Assessor's  certificate. 32 

73  Report  rate  of  levy 32 

74  Penalty.. , 32 

75  Report ._ 32 

76  Salaries  of  secretaries 33 

77  Other  duties '. 33 

District  and  County  High  Schools 

78  District  high  schools — how  established 33 

79  Joint  district  high  schools 33 

80  Normal  training  in  high  schools — state  aid 34 

81  Payment  of  High  school  tuition. 35 

82  Classification  of  high  schools — state  aid. 35 

83  District  and  county  boards  may  erect  dormitories  for  high  schools. 36 

84  High  school  may  be  discontinued 36 

85  Junior  high  schools 36 

Teachers 

86  Contracts 36 

87  Teacher's  authority 37 

88  Teachers  exempt  from  serving  on  juries 37 

89  Records  and  reports 37 

90  Payment  of  teachers 37 

91  Enumeration 38 

92  How  enumeration  shall  be  taken  and  reported 38 

93  Secretary  to  have  enumeration  taken 38 

94  Record  and  report  of  enumeration. 38 

95  Other  duties * 38 

Examinations  and  Certificate 

96  Certificates  required  of  all  teachers — minimum  age 38 

97  Time  and  place  of  holding  examinations. 

98  Expenses , 39 

99  Assistants.... _  39 

100  Fees. 39 

101  Transmitting  questions  and  manuscripts. 

102  Grading  of  Manuscripts... 

103  Misdemeanor 40 

104  Elementary  certificates 40 

105  High   school  certificates 41 

106  Supervisor's  certificates 42 

107  Short-course  certificate _ 42 

108  Special  certificates. 42 

109  Emergency  certificates 42 

110  Credit  for  grades  made  in  school 43 

I  1  1  Renewal  of  Certificates 43 

1  12  Revocation  of  certificates 44 

Teachers'  Institutes — Coupons  of  Credit 

1  13  Time  and  place  of  holding  teachers'  institutes 44 

1  14  Attendance  upon  institutes. - 44 


viii  TABLE  OF  CONTENTS 


SEC.  PAGE 

6  Moneys  and  funds : 80 

7  Same:      How  expended _ 80 

8  Clerical  assistants — reports  of  institutions._ .80 

9  Powers  and  duties _ 81 

10  Appointment  of  heads  of  certain  institutions _ "...  81 

1 1  Rules  and  regulations 82 

12  Shall  purchase  supplies 

13  Buildings  for  institutions :. 

1 4  Records  of  institutions 84 

]  5      Report  to  governor 84 

.    16     Gifts  and  devises 84 

1 7  Insurance  on  buildings... 85 

18  Same:      Limitations — appropriations  for  re-building _ 

PUBLIC  LIBRARIES 

1  Definitions 

2  Levy — upon  vote  of  people 

3  Appointment  of  board. 86 

4  Powers  of  board  of  directors.- 86 

5  Use  of  library _ .! 87 

6  Report  of  library  board 87 

7  Gifts,  devises  or  bequests 87 

8  Penalties  for  injury  to  property 87 

9  Penalty  for  failure  to  return  books. _ 87 

ABOLISHING  THE  COMMON  DRINKING  CUE 

1  Use  of  common  drinking  cups 87 

PROHIBITING  THE  USE  OF  CIGARETTES  IN  SCHOOL  HOUSES  AND  ON  SCHOOL 

GROUNDS 

2&4  Use  of  cigarettes  prohibited 

STATE  DEPARTMENT  OF  HEALTH 

l-(2)  Commissioner  of  health — powers  and  duties 

4      Inspectors  and  examiners — powers  and  duties 

2  Public  health  council 89 

4     Control  of  tuberculosis  sanitarium... 89 

STATE  COMPENSATION  ACT 

General  provision  for 89-90 

CHILD  LABOR  LAW 

1  Children  under  fourteen  not  to  be  employed— 91 

2  Children  under  sixteen  not  to  be  employed  in  dangerous  occupations 91 

3  Work  permits  and  proof  of  prospective  employment,  age,  schooling,  and  physical  fitness 

required 91-92 

4  Work  permits....  _ 93 

5  Age  certificates 93 

6  Maximum  number  hours  children  may  be  required  to  work 94 

7  Enforcement  of  the  Child  Labor  law 94 

8  Penalties..^ 94 

9  Inconsistent  acts  repealed..— _ 94 

APPENDIX 

School  Calendar... 97 

Forms  and  Instructions 98-102 

Index .  103 


THE  SCHOOL  LAW 

OF 

WEST  VIRGINIA 


Containing  the  provisions  of  the  Constitution  relating  to 
Public  Education,  Chapter  forty-five  of  the  Code  and  other 
Acts  and  parts  of  Acts  relating  to  Public  Education. 


Published  for  the  use  of  School  Officers,  Teachers  and  the 
public  generally,  in  compliance  with  Section  twenty- three  of 
Chapter  forty-five  of  the  Code. 


Compiled  and  Issued  by 

THE  DEPARTMENT  OF  SCHOOLS 

M.  P.  SHAWKEY,  State  Superintendent 

CHARLESTON 

MARCH  1919. 


V 


rmauMi  rniNTiNa  co.,  OHAMLIBTON.  w.  VA. 


CONSTITUTIONAL  PROVISIONS 

RELATING  TO  THE 

SCHOOL  SYTSEM  OF  WEST  VIRGINIA 


ARTICLE  IV 


5.  Oath  of  Office.    Every  person  elected  or  appointed  to  any  office,  before 
proceeding  to  exercise  the  authority,  or  discharge  the  duties  thereof,  shall  make 
oath  or  affirmation  that  he  will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  this  State,  and  that  he  will  faithfully  discharge  the 
duties  of  his  said  office  to  the  best  of  his  skill  and  judgment;  and  no  other  oath, 
declaration,  or  test  shall  be  required  as  a  qualification,  unless  herein  otherwise 
provided. 

6.  Removal  from  Office.    All  officers  elected  or  appointed  under  this 
Constitution,  may,  unless  in  cases  herein  otherwise  provided  for,  be  removed 
from  office  for  official  misconduct,  incompetence,  neglect  of  duty,  or  gross  im- 
morality, in  such  manner  as  may  be  prescribed  by  general,  laws,  and  unless  so 
removed  they  shall  continue  to  discharge  the  duties  of  their  respective  offices 
until  their  successors  are  elected,  or  appointed  and  qualified. 


8.  Legislature  to  Prescribe  Terms  of  Office.  The  Legislature,  in  cases 
not  provided  for  in  this  Constitution,  shall  prescribe,  by  general  laws,  the  terms 
of  office,  powers,  duties  and  compensation  of  all  public  officers  and  agents,  and 
the  manner  in  which  they  shall  be  elected,  appointed  and  removed. 

ARTICLE  VIII. 

27.  Districts.  Each  county  shall  be  laid  off  into  districts,  not  less  than 
three  nor  more  than  ten  in  number,  and  as  nearly  equal  as  may  be  in  territory  and 
population.  *  *  * 

ARTICLE  IX. 


4.    County   Officers   Subject    to    Indictment.    The   Presidents   of  the 
County  Courts,  the  Justices  of  the  Peace,  Sheriffs,  Prosecuting  Attorneys, 


Se&boL  *EA*W  OF  WEST  VIRGINIA 


Clerks  of  the  Circuit  and  of  the  County  Courts,  and  all  other  county  officers, 
shall  be  subject  to  indictment  for  malfeasance,  misfeasance,  or  neglect  of  official 
duty,  and  on  conviction  thereof,  their  offices  shall  become  vacant. 

I  am  inclined  to  the  opinion  that  the  words  "all  other  county  officers,"  as  used  in  this  section' 
include  members  of  boards  of  education,  although  they  are  elected  in  districts.  This  is  by  no  means 
clear,  however.  This  section  is  in  force  ex  proprio  vigore  and  needs  no  additional  legislation. — 
Alfred  Caldu-ell,  Attorney-General. 

ARTICLE  X 


2.  Capitation  Tax.  The  Legislature  shall  levy  an -annual  capitation  tax 
of  one  dollar  upon  each  male  inhabitant  of  the  State  who  has  attained  the  age 
of  twenty-one  years,  which  shall  be  annually  appropriated  to  the  support,  of 
Free  Schools.  Persons  afflicted  with  bodily  infirmity  may  be  exempted  from  this 
tax. 


5.  Power  of  Legislature  to  Levy.  The  power  of  taxation  of  the  Legislature 
shall  extend  to  provisions  for  the  payment  of  the  State  debt,  and  interest  thereon, 
the  support  of  free  schools,  and  the  payment  of  the  annual  estimated  expenses  of 
the  State;  but  whenever  any  deficiency  in  the  revenue  shall  exist  in  any  year, 
it  shall,  at  the  regular  session  thereof  held  next  after  the  deficiency  occurs,  levy 
a  tax  for  the  ensuing  year,  sufficient  with  the  other  sources  of  income,  to  meet 
such  deficiency,  as  well  as  the  estimated  expenses  of  such  year. 


7.  County  Taxes  Not  to  Exceed  What — Debt.     County  authorities  shall 
never  assess  taxes,  in  any  one  year,  the  aggregate  oi  which  shall  exceed  ninety- 
five  cents  per  hundred  dollars  valuation,  except  for  the  support  of  free  schools; 
payment  of  indebtedness  existing  at  the  time  of  the  adoption  of  this  Consti- 
tution;   and  for  the  payment  of  any  indebtedness  with  the  interest  thereon, 
created  under  the  succeeding  section,  unless  such  assessment,  with  all  questions 
involving  the  increase  of  such  aggregate,  shall  have  been  submitted  to  the  vote 
of  the  people  of  the  county,  and  have  received  three-fifths  of  all  the  votes  cast 
for  and  against  it. 

See  Brannon  vs.  County  Court,  33  W.  Va.,  p.  789,  construing  this  section. 

8.  Bonded  Indebtedness.     No  county,  city,  school  district,  or  municipal 
corporation,  except  in  cases  where  such  corporations  have  already  authorized 
their  bonds  to  be  issued,  shall  hereafter  be  allowed  to  become  indebted,  in  any 
manner,  or  for  any  purpose,  to  an  amount,  including  existing  indebtedness  in 
the  aggregate,  exceeding  five  per  centum  on  the  value  of  the  taxable  property 
therein  to  be  ascertained  by  the  last  assessment  for  State  and  county  taxes, 
previous  to  the  incurring  of  such    indebtedness;  nor  without,  at  the  same  time 
providing  for  the  collection  of  a  direct  annual  tax,  sufficient  to  pay,  annually, 
the  interest  on  such  debt,  and  the  principal  thereof,  within  and  not  exceeding 
thirty-four  years;  provided,  that  no  debt  shall  be  contracted  under  this  section, 


SCHOOL  LAW  OF  WEST  VIRGINIA 


unless  all  questions  connected  with  the  same,  shall  have  been  first  submitted  to 
a  vote  of  the  people,  and  received  three-fifths  of  all  the  votes  cast  for  and  against 
the  same. 

ARTICLE  XII. 

1.  Legislature  to  Provide  System  of  Free  Schools.    The  Legislature 
shall  provide  by  general  law,  for  a  thorough  and  efficient  system  of  Free  Schools. 

See  4  W.  Va.,  p.  499. 

2.  General  Supervision.    The  State  Superintendent  of  Free  Schools  shall 
have  a  general  supervision  of  free  schools,  and  perform  such  other  duties  in 
relation  thereto  as  may  be  prescribed  by  law.    If  in  the  performance  of  any  such 
duty  imposed  upon  him  by  the  Legislature  he  shall  incur  any  expenses,  he  shall 
be  reimbursed  therefor;    provided,  the  amount  does  not  exceed  five  hundred 
dollars  in  any  one  year. 

3.  County  Superintendents.    The  Legislature  may  provide  for  county 
superintendents  and  such  other  officers  as  may  be  necessary  to  carry  out  the 
objects  of  this  Article  and  define  their  duties,  powers  and  compensation. 

4.  School  Fund — Board  of.    The  existing  permanent  and  invested  school 
fund,  and  all  money  accruing  to  this  State  from  forfeited,  delinquent,  waste  and 
unappropriated  lands;   and  from  lands  heretofore  sold  for  taxes  and  purchased 
by  the  State  of  Virginia,  if  hereafter  redeemed  or  sold  to  others  than  this  state; 
all  grants,  devises  or  bequests  that  may  be  made  to  this  State,  for  the  purposes 
of  education  or  where  the  purposes  of  such  grants,  devises  or  bequests  are  not 
specified;   this  State's  just  share  of  the  literary  fund  of  Virginia,  whether  paid 
over  or  otherwise  liquidated;  and  any  sums  of  money,  stocks  or  property,  which 
this  State  shall  have  the  right  to  claim  from  the  State  of  Virginia  for  educational 
purposes;  the  proceeds  of  the  estates  of  persons  who  may  die  without  leaving  a 
will  or  heir,  and  of  all  escheated  lands;   the  proceeds  of  any  taxes  that  may  be 
levied  on  the  revenues  of  any  corporation;   all  moneys  that  may  be  paid  as  an 
equivalent  for  exemption  from  military  duty;  and  such  sums  as  may  ffom  time 
to  time  be  appropriated  by  the  Legislature  for  the  purpose,  shall  be  set  apart  as 
a  separate  fund,  to  be  called  the  "School  Fund,"  and  invested  under  such  regu- 
lations as  may  be  prescribed  by  law,  in  the  interest  bearing  securities  of  the  United 
States,  or  of  this  State,  or  if  such  interest  bearing  securities  cannot  be  obtained, 
then  said  "School  Fund"  shall  be  invested  in  such  other  solvent,  interest  bearing 
securities  as  shall  be  approved  by  the  Governor,  Superintendent  of  Free  Schools, 
Auditor  and  Treasurer,  who  are  hereby  constituted  the  "Board  of  the  School 
Fund,"  to  manage  the  same  under  such  regulations  as  may  be  prescribed  by  law; 
and  the  interest  thereof  shall  be  annually  applied  to  the  support  of  free  schools 
throughout  the  State,  and  to  no  other  purpose  whatever.    But  any  portion  of 
said  interest  remaining  unexpended  at  the  close  of  the  fiscal  year  shall  be  added 
to  and  remain  a  part  of  the  capital  of  the  "School  Fund;"  provided,  that  all  taxes 
which  shall  be  received  by  the  State  upon  delinquent  lands,  except  the  taxes  due  to 
the  State  thereon,  shall  be  refunded  to  the  county,  or  district  by  or  for  which  the 
same  were  levied. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


School  Fund  Amendment.  The  accumulation  of  the  School  Fund  provided 
for  in  section  four  of  article  twelve,  of  the  Constitution  of  this  State,  shall  cease 
upon  the  adoption  of  this  amendment,  and  all  money  to  the  credit  of  said  fund 
over  one  million  of  dollars,  together  with  the  interest  on  said  fund,  shall  be  used 
for  the  support  of  the  free  schools  of  this  State.  All  money  and  taxes  heretofore 
payable  into  the  treasury  under  the  provision  of  the  said  section  four,  to  the 
credit  of  the  School  Fund,  shall  be  hereafter  paid  into  the  treasury  to  the  credit 
of  the  General  School  Fund  for  the  support  of  the  free  schools  of  the  State. 

5.  Legislature  to  Provide  for  Free  Schools.    The  Legislature  shall  pro- 
vide for  the  support  of  free  schools,  by  appropriating  thereto  the  interest  of  the 
invested  "School  Fund,"  the  net  proceeds  of  all  forfeitures  and  fines  accruing 
to  this  State  under  the  laws  thereof;  the  State  capitation  tax;   and  by  general 
taxation  of  persons  and  property,  or  otherwise.    It  shall  also  provide  for  raising, 
in  each  county  or  district,  by  the  authority  of  the  people  thereof,  such  a  propor- 
tion of  the  amount  required  for  the  support  of  free  schools  therein  as  shall  be 
prescribed  by  general  laws. 

6.  Districts.    The  school  districts  into  which  any  county  is  now  divided 
shall  continue  until  changed  in  pursuance  of  law. 

7.  Levies  to  be  Reported  to  Clerk  of  County  Court.     All  levies  that 
may  be  laid  by  any  county  or  district  for  the  purpose  of  free  schools  shall  be 
reported  to  the  Clerk  of  the  County  Court,  and  shall,  under  such  regulations 
as  may  be  prescribed  by  law,  be  collected  by  the  sheriff,  or  other  collector,  who 
shall  make  annual  settlement  with  the  county  court,  which  settlements  shall  be 
made  a  matter  of  record  by  the  clerk  thereof,  in  a  book  to  be  kept  for  that  purpose. 

8.  White  and  Colored  Pupils.     White  and  colored  persons  shall  not  be 
taughts  in  the  same  school. 

9.  School  Officers  not  to  be  Interested  in  Sale  of  Books.     No  person 
connected  with  the  free  school  system  of  the  State,  or  with  any  educational 
institution  of  any  name  or  grade  under  State  control,  shall  be  interested  in  the 
sale,  proceeds  or  profits  of  any  book  or  other  thing  used,  or  to  be  used  therein, 
under  such  penalties  as  may  be  prescribed  by  law:    Provided,  that  nothing 
herein  shall  be  construed  to  apply  to  any  work  written,  or  thing  invented,  by 
such  person. 

10.  Independent    Districts.     No    independent    free    school    district,    or 
organization  shall  hereafter  be  created,  except  with  the  consent  of  the  school 
district  or  districts  out  of  which  the  same  is  to  be  created,  expressed  by  a  major- 
ity of  the  voters  voting  on  the  question. 

11.  Normal  Schools.    No  appropriation  shall  hereafter  be  made  to  any 
State  normal  school,  or  branch  thereof,  except  to  those  already  established  and  in 
operation,  or  now  chartered. 

12.  Legislature    to    Encourage    Improvements.     The   Legislature   shall 
foster  and  encourage  moral,  intellectual,  scientific,  and  agricultural  improve- 
ment;   it  shall,  whenever  it  may  be  practicable,  make  suitable  provision  for 
the  blind,  mute  and  insane,  and  for  the  organization  of  such  institutions  of 
learning  as  the  best  interests  of  general  education  in  the  State  may  demand. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


ERRATA 

Section  50,  line  35.    The  word  "fifty"  should  read  "forty-nine." 
Section  57,  line  5.    The  word  "fifty-six"  should  read  "fifty-five." 
Section  67,  line  9.    The  word  "fifty-nine"  should  read  "fifty-one." 
Section  74,  line  4.    The  word  "seventy-four"  should  read  "seventy-two." 
Section  78,  line  15.    The  word  "eighty-seven"  should  read  "eighty-four." 

Section  79,  line  11.  The  word  "eighty-seven"  should  read  "eighty-four;" 
and  the  same  in  lines  31-32. 

Section  86,  line  11.    The  word  "fifty-eight"  should  read  "fifty-seven." 
Section  128,  line  11.    The  word  "twenty-five"  should  read  "twenty-two." 
Section  162,  line  4.    The  word  "sixty-three"  should  read  "sixty." 
Section  163,  line  4.    The  word  "sixty-three"  should  read  "sixty." 

Section  168,  lines  6,  7,  and  12,  the  word  "sixty-three"  in  each  case  should  read 
"sixty." 

Section  186,  lines  10  and  11.    The  word  "ninety-three"  should  read  "ninety." 
Section  189,  line  20.    The  word  "ninety-three"  should  read  "ninety." 

Section  191,  line  3.  The  word  "ninety"  should  rea<f  "eighty-seven;"  line 
6,  the  word  "ninety-two"  should  read  "eighty-nine;"  line  7-a,  the  word  "ninety- 
three"  should  read  "ninety." 

Section  193,  line  2.  The  word  "ninety"  should  read  "eighty-seven;"  line  10, 
the  word  "ninety-five"  should  read  "ninety-two." 


The  School  Law  of  West  Virginia 


(Chapter  XLV  of  the  Code  of  West  Virginia, 

Being  Chapter  Two  of  the  Acts  of  Nineteen 
hundred  nineteen,  Regular  Session) 


Section  1.  Definitions.  The  words  used  in  this  chapter  and  by-laws  and 
in  any  proceedings  pursuant  thereto,  shall,  unless  the  context  clearly  indicates  a 
different  meaning,  be  construed  as  follows : 

(1)  "School"  shall  mean  the  pupils  and  teacher  or  teachers  assembled  in 
one  room. 

(2)  "District"  shall  mean  magisterial*  school  district  and  shall  not  include 
any  independent  school  district  heretofore  established  by  special  a£t  or  acts  of 
the  Legislature. 

(3)  "Teacher"   shall  mean  teacher,   supervisor,   principal,   superintendent, 
public  school  librarian,  or  any  other  person  regularly  employed  for  instructional 
purposes  in  a  public  school  of  this  State. 

Sec.  2.  School  Year.  The  school  year  shall  begin  on  the  first  day  of  July 
and  end  on  the  thirtieth  day  of  June,  and  all  reports,  accounts  and  Settlements 
r  especting  the  free  schools  shall  be  made  wilh  reference  to  the  school  ^ear. 

Sec.  3.  School  Districts.  Every  magisterial  district  in  each  of  the  counties 
of  the  State  shall  be  a  school  district,  which  shall  be  divided  uito  such  number 
of  sub-districts  as  may  be  necessary  for  the  convenience  of  the  free  schools  therein. 
The  present  districts  and  sub-districts  shall  remain  until  changed  in  the  manner 
prescribed  by  law. 

•  STATE  BOARD  OF  EDUCATION 

Sec.  4.  How  Constituted — Vacancies — How  Filled.  There  is  hereby 
created  a  State  Board  of  Education  which  shall  be  a  corporation  and  as  such 
may  contract  and  be  contracted  with,  plead  and  be  impleaded,  sue  and  be  sued, 
and  have  and  use  a  common  seal. 

Said  board  shall  consist  of  seven  members  of  whom  one  shall  be  the  state 
superintendent  of  schools,  ex-officio,  and  the  other  six  members  shall  be  ap- 
pointed by  the  governor,  as  herein  provided  from  the  two  dominant  political 
parties.  On  or  before  the  first  day  of  May,  one  thousand  nine  hundred  and 
nineteen,  the  governor  shall,  by  and  with  the  consent  of  the  senate,  appoint 
six  members  of  the  board  for  the  following  terms,  to  commence  on  the  first  day 
of  July  next  after  their  appointment:  One  for  one  year,  one  for  two  years,  one 


10  SCHOOL  LAW  OF  WEST  VIBGINIA 

for  three  years,  one  for  four  years,  one  for  five  years,  and  one  for  six  years.  There- 
after one  member  of  the  board  shall  be  appointed  by  the  governor  on  or  before 
the  first  day  of  May  in  every  year  for  a  term  of  six  years. 

The  members  of  the  state  board  of  education  shall  be  citizens  of  the  State, 
but  not  fewer  than  three  appointive  members  shall  be  actively  engaged  in  school 
work,  nor  shall  more  than  three  appointive  members  be  of  the  same  political 
party.  No  appointee  of  the  board  shall  serve  on  the  board,  unless  such  appoint- 
ment is  to  fill  a  vacancy  by  the  board  as  provided  by  the  next  following  paragraph 
of  this  section.  The  governor  may  remove  from  office  any  member  of  the  state 
board  of  education  for  incompetency,  wilful  neglect  of  duty,  immorality,  mal- 
feasance in  office,  or  for  any  other  good  and  sufficient  reason. 

Vacancies  on  the  Aboard  shall  be  filled  by  the  governor  for  the  unexpired  term, 
but  if  within  sixty  days  after  a  vacancy  has  occurred  the  governor  has  not  filled 
such  vacancy,  or  if  within  sixty  days  after  the  term  of  a  member  of  the  board 
has  expired,  the  governor  has  not  appointed  a  successor  to  such  member,  then  in 
either  such  event  the  board  itself  may  fill  such  vacancy  or  elect  such  successor. 
Before  exercising  any  authority  or  performing  any  duties  as  a  member  of  the 
state  board  of  education  each  member  thereof  shall  qualify  as  such  by  taking 
and  subscribing  to  the  oath  of  office  prescribed  by  section  five,  article  four  of 
the  State  Constitution,  the  certificate  whereof  shall  be  filed  with  the  records  of 
the  board.  jV  suitable  office  or  offices  in  the  state  department  of  schools  at 
Charleston  shall  be  provided  for  the  use  of  the  state  board  of  education.] 

Sec.  5.  Meetings,  Salary,  Expenses.  The  state  board  of  education  shall 
meet  in  Charleston  on  the  first  day  of  July,  one  thousand  nine  hundred  and 
nineteen,  and  thereafter  the  board  shall  hold  at  least  six  meetings  in  every  year 
at  such  times  and  places  as  its  by-laws  may  prescribe.  The  board  may  meet 
at  other  times  as  often  as  may  be  necessary.  Such  other  meetings  shall  be  by 
resolution  of  the  board  when  in  session,  or  at  the  call  of  the  president  of  the 
board  or  oLthe  state  superintendent  of  schools. 

Each  appointive  member  of  the  state  board  of  education  shall  be  entitled  to 
receive  from  the  general  school  fund,  upon  warrants  drawn  by  the  state  super- 
intendent of  schools,  the  sum  of  one  thousand  dollars  a  year  as  salary,  payable 
quarterly,  and  every  member  of  the  board  shall  be  reimbursed  from  said  fund  for 
any  expenses  incident  to  the  performance  of  his  duties,  upon  presentation  of  an 
itemized  sworn  statement  of  the  same.  There  is  hereby  created  an  advisory 
council  to  the  state  board  of  education  to  assist  said  board  in  formulating  and 
carrying  out  policies  with  respect  to  the  education  of  the  colored  youth  of  the 
State.  Said  council  shall  consist  of  the  state  supervisor  of  colored  schools,  Lerein 
provided,  and  two  citizens  of  the  Negro  race  to  be  appointed  by  the  governor  on 
or  before  the  first  day  of  May,  one  thousand  nine  hundred  and  nineteen,  by  and 
with  the  consent  of  the  Senate  for  the  following  terms  to  commence  on  the  first 
day  of  July  next  after  their  appointment;  one  for  two  years  and  one  for  four 
years,-  and  thereafter  one  member  of  said  council  shall  be  appointed  by  the 
governor  on  or  before  the  first  day  of  May  in  every  second  year  for  a  term  of 
four  years.  Vacancies  in  said  council  shall  be  filled  by  the  governor  for  the 
unexpired  term. 

The  two  appointive  members  of  said  advisory  council  shall  be  entitled  to 
receive  from  the  general  school  fund,  upon  warrants  drawn  by  the  state  super- 
intendent of  schools,  the  sum  of  one  thousand  dollars  a  year  as  salary,  payable 


SCHOOL  LAW  OF  WEST  VIRGINIA  11 

quarterly,  and  each  of  said  appointive  members  shall  be  reimbursed  from  said 
fund  for  any  necessary  expenses  incident  to  the  performance  of  his  duties,  upon 
presentation  of  itemized  sworn  statement  of  same.  The  said  advisory  council 
shall  have  charge  of  all  matters  with  reference  to  colored  schools,  subject  to  the 
approval  of  the  state  board  of  education. 

Sec.  6.  Organization.  At  its  first  meeting  to  be  held  on  the  first  day 
of  July,  one  thousand  nine  hundred  and  nineteen,  and  at  its  first  regular  meeting 
in  every  year  thereafter,  the  state  board  of  education  shall  elect  one  of  its  members 
as  president  and  one  as  vice-president  of  the  board.  The  state  superintendent 
of  schools  shall  be  the  chief  executive  officer  of  the  state  board  of  education. 
Said  board  shall  appoint  a  secretary  and  fix  his  salary,  which  shall  not  exceed 
one  thousand  eight  hundred  dollars  ($1,800)  per  year,  the  same  to  be  paid  out 
of  the  general  school  fund  upon  warrants  drawn  by  the  state  superintendent  of 
schools. 

Sec.  7.  Powers  and  Duties.  On  and  after  the  first  day  of  July,  one  thousand 
nine  hundred  and  nineteen,  the  state  board  of  education  created  in  section  four 
of  this  act  shall  have  the  general  control  and  management  of  the  educational 
affairs  of  the  West  Virginia  university,  the  state  normal  schools,  the  West  Vir- 
ginia trades  school,  the  West  Virginia  vocational  school,  the  West  Virginia 
collegiate  institute,  the  Bluefield  colored  institute,  the  West  Virginia  schools 
for  the  deaf  and  the  blind,  and  of  any  other  State  educational  institution  which 
may  hereafter  be  created  by  law;  and  the  statutory  provisions  applicable  to 
the  government  and  maintenance  of  the  schools  or  institutions  named  in  this 
section  shall  continue  in  full  force  except  as  may  be  provided  otherwise  by  this 
act  or  by  succeeding  acts  of  the  Legislature.  Said  board  shall  exercise  such 
authority  and  perform  such  duties  as  may  have  been  delegated  heretofore  to 
the  state  board  of  regents,  to  the  state  board  of  education  as  now  constituted, 
to  the  state  school  book  commission,  and  to  the  state  vocational  board,  subject 
however  to  the  provisions  of  this  act  and  of  succeeding  acts  of  the  Legislature. 
The  state  board  of  education  shall  employ  the  president  or  principal  and  the 
professors,  teachers  and  other  employees  of  each  of  the  institutions  named  in 
this  section,  and  shall  fix  the  yearly  or  monthly  salary  to  be  paid  to  each  person 
so  employed,  to  be  approved  by  state  board  of  control  according  to  law. 

Sec.  8.  Training  of  Teachers.  The  training  of  teachers  in  the  State  shall 
be  under  the  general  direction  and  control  of  the  state  board  of  education,  which 
shall  through  the  state  superintendents  of  schools,  exercise  supervisory  control 
over  the  state  normal  schools  and  such  other  institutions  named  in  section  seven 
of  this  act  as  may  be  charged  with  the  duty  of  training  teachers,  and  over  normal 
training  high  schools.  Said  board  shall  also  exercise  supervisory  control  over  the 
teacher  training  departments  of  all  private  or  denominational  schools  which 
offer  courses  for  the  training  of  teachers,  or  which  maintain  classes  or  departments 
therefor. 

The  state  board  of  education  shall  make  rules  and  regulations  for  the  classi- 
fication and  standardization  of  all  schools  in  the  State,  and  shall  determine  the 
minimum  standards  for  the  conferring  of  degrees  and  the  granting  of  diplomas. 
No  institution  may  grant  any  diploma  or  confer  any  degree  on  any  basis  of  work 
or  merit  below  the  minimum  standard  prescribed  by  the  state  board  of  education. 


12  SCHOOL  LAW  OF  WEST  VIRGINIA 

. j 

Any  institution  doing  work  equal  to  the  minimum  standard  shall  be  authorized 
to  grant  such  diplomas  or  degrees  as  shall  be  appropriate  to  its  class,  such  authori- 
zation to  continue  so  long  as  the  institution  maintains  the  standards  set.  All 
educational  institutions  whose  degrees  or  diplomas  were  for  the  school  year  ending 
in  June,  one  thousand  nine  hundred  and  eighteen,  recognized  by  the  state  board 
of  education  in  the  granting  of  teachers'  certificates  or  otherwise,  shall  be  rated 
as  approved  institutions  and  shall  continue  to  hold  that  distinction  so  long  as 
they  measure  up  to  the  minimum  standard  for  institutions  of  their  respective 
classes. 

It  is  further  provided,  however,  that  nothing  contained  herein  shall  infringe 
upon  the  rights  granted  to  any  such  institution  by  charter  given  according  to 
law  previous  to  the  passage  of  this  act.  It  is  provided  further,  that  hereafter 
no  charter  or  other  instrument  containing  the  right  to  confer  degrees  or  to  issue 
diplomas  can  be  granted  by  the  State  of  West  Virginia,  to  any  institution,  or 
other  association  or  organization,  either  within  or  without  the  State,  until  the 
condition  of  conferring  such  degrees  or  of  issuing  such  diplomas  have  first  been 
approved  in  writing  by  the  state  board  of  education. 

Sec.  9.     Shall  Prescribe  Minimum  Standards  for  Courses  of  Study. 

The  state  board  of  education  shall  prescribe  minimum  standards  of  the  courses 
of  study  to  be  offered  in  elementary  schools,  high  schools,  vocational  schools, 
and  in  all  other  kinds,  grades,  and  classes  of  schools,  or  departments  thereof, 
which  may  now  or  hereafter  be  maintained  in  the  State  in  whole  or  in  part  from 
any  state  fund  or  funds;  provided,  however,  that  the  courses  of  study  in  the 
state  educational  institutions  shall  be  prepared  by  the  faculties,  teachers,  or 
other  constituted  authority  thereof,  and  shall  before  going  into  effect  be  sub- 
mitted to  the  state  board  of  education  for  its  approval. 

It  is  provided  that  the  basic  language  of  instruction  in  the  common  school 
branches  in  all  schools,  public  and  private  and  parochial,  shall  be  in  the  English 
language  only. 

Sec.  10.  Plans  for  School  Buildings  Shall  Be  Approved.  The  state 
board  of  education  shall  have  authority  to  require  that  the  plans  and  specifica- 
tions for  any  and  all  school  buildings  to  be  erected  in  school  districts  and  in 
independent  school  districts  having  a  population  of  less  than  five  thousand 
(5,000)  shall  be  submitted  to  said  board  or  its  agent  for  approval.  It  shall  be  the 
duty  of  the  state  board  of  education  to  see  that  all  such  plans  and  specifications 
comply  with  all  the  requirements  of  law  relating  to  the  erection  of  school  buildings. 

Sec.  11.  Shall  Adopt  Text-Books.  The  state  board  of  education  shall 
adopt  text-books  for  uniform  and  exclusive  use  in  the  public  schools  of  the  State, 
except  as  hereinafter  provided,  such  adoptions  to  be  made  subject  to  the  following 
restrictions  and  provisions: 

(a)  By  written  request  or  otherwise  the  state  board  of  education  shall  ask 
various  publishers  of  text-books  in  the  United  States  to  submit  samples  and 
prices  of  text-books  on  all  subjects  required  to  be  taught  in  the  schools  of  the 
State.  All  bids  or  proposals  shall  be  under  seal,  and  each  bidder  shall  deposit 
in  the  state  treasury  such  sum  of  money  as  said  state  board  of  education  shall 
designate,  such  deposit  to  be  not  less  than  one  thousand  dollars  ($1,000)  nor 
more  than  three  thousand  dollars  ($3,000);  and  said  deposit  shall  be  forfeited 


SCHOOL  LAW  OF  WEST  VIRGINIA  13 

to  the  general  school  fund,  if  such  bidder  shall  fail  or  refuse  to  make  and  execute 
such  contract  and  bond  as  are  herein  required  in  case  of  the  acceptance  of  all  or 
a  part  of  his  bid,  and  otherwise  shall  be  returned  to  said  bidders  after  contracts 
have  been  made. 

(b)  All  bids  shall  be  opened  by  the  state  board  of  education  in  executive^ 
session.    After  considering  the  subject  matter,  printing,  binding,  general  suitable- 
ness and  prices  of  books  submitted,  said  board  shall  on  or  before  the  first  Tuesday 
in  May,  one  thousand  nine  hundred  and  twenty-two,  and  every  fifth  year  there- 
after adopt  one  book,  or  one  series  of  books,  and  only  one,  for  uniform  and  ex- 
clusive use  in  the  free  schools  of  this  State,  except  in  classified  high  schools  and  in 
towns  and  cities  which  have  a  population  of  thirty-five  hundred  or  over.    All 
bids  submitted  at  such  session  shall  be  made  a  matter  of  public  record  by  showing 
the  same  by  separate  items  on  the  record  book  of  the  board.  "No  book  or  books 
shall  be  changed  at  the  expiration  of  any  five-year  contract  except  by  the  unani- 
mous vote  of  the  board.    When  selections  and  adoptions  of  books  have  been 
properly  made,  it  shall  be  the  duty  of  the  state  board  of  education  to  execute 
contracts  therefor  with  the  publishers  thereof  for  a  period  of  five  years,  beginning 
July  first  following,  each  publisher  being  required   to  enter  into  bond  of  not  less 
than  ten  thousand  dollars  ($10,000)  to  be  approved  by  the  state  board  of  public 
works.    Such  contracts  shall  be  prepared  by  the  attorney  general  in  accordance 
with  the  terms  and  provisions  of  this  act,  and  shall  be  executed  in  duplicate, 
one  copy  held  by  the  contractors  and  one  by  the  state  superintendent  of  schools. 
Should  any  successful  bidder  fail  to  contract,  or,  if  for  any  cause  any  book  or 
books  adopted  cannot  be  secured,  the  state  board  shall  proceed  at  once  to  the 
selection  and  adoption  of  other  books  in  lieu  thereof.    The  State  of  West  Virginia 
shall  not  be  liable  in  any  sum  on  account  of  any  contract  made  in  pursuance  of 
the  provisions  of  this  section.    It  is  expressly  provided,  however,  that  nothing 
contained  herein  shall  impair  the  contracts  now  in  effect  between  the  state 
school  book  commission  abolished  by  section  sixteen  of  this  act  and  the  publishers 
of  uniform  text-books  now  adopted  and  in  use  in  the  public  schools  of  the  State. 

(c)  If  any  publisher  or  contractor  furnishes  to  this  State  any  book  of  like 
binding,  material  and  workmanship  at  a  higher  price  than  the  price  at  which  said 
publisher  or  contractor  furnishes  the  same  book  to  any  other  state,  county,  city 
or  other  school  unit  in  the  United  States,  like  conditions  prevailing,  the  state 
board  of  education  shall  require  such  publisher  or  contractor  to  make  a  like  reduc- 
tion of  such  price  in  this  State,  under  penalty  of  cancellation  of  contract  for 
any  such  book. 

(d)  It  shall  be  the  duty  of  the  state  'board  of  education  to  fix  the  prices  at 
which  the  various  books  adopted  shall  be  sold  to  patrons,  the  excess  of  which 
above  contract  price  shall  represent  the  profit  to  the  retailer;   but  in  no  case 
shall  such  profit  exceed  twenty  per  cent  of  the  contract  price.    The  state  super- 
intendent of  free  schools  shall  notify  each  county  superintendent  of  the  list  of 
books  adopted  and  the  prices  at  which  they  are  to  be  sold  and  any  person  selling 
such  books  at  a  higher  price  than  that  fixed  by  the  state  board  of  education  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars.    The  books  furnished  during  the 
contract  period  shall  be  equal  in  all  respects  to  the  sample  copies  furnished  the 
said  board;   and  it  shall  be  the  duty  of  the  state  superintendent  of  free  schools 


14  SCHOOL  LAW  OF  WEST  VIRGINIA 

to  carefully  preserve  in  his  office  as  the  standard  of  quality,  sample  copies  of  all 
books  contracted  for. 

(e)  It  shall  be  the  duty  of  each  contractor  at  his  own  expense  to  place  with 
responsible  dealers,  in  no  fewer  than  three  magisterial  districts  in  each  county, 
at  least  two  weeks  before  the  beginning  of  school  in  any  district  in  the  county 
where  such  books  are  used,  a  sufficient  number  of  books  to  supply  the  demand. 
He  shall  also  arrange  for  the  exchange  of  books  at  such  places,  allowing  pupils  or 
boards  of  education  an  exchange  price  as  liberal  as  is  granted  on  the  same  books 
to  any  other  city,  county,  or  state  in  the  United  Slates,  like  conditions  prevailing. 
The  exchange  privilege  shall  extend  through  one  entire  school  year,  and  the  dealer 
making  the  exchange  shall  be  allowed  by  the  contractors  ten  per  cent  of  the  cash 
proceeds  of  same.  Nothing  in  this  act  is  to  be  construed  as  preventing  the  use  of 
supplementary  readers;  provided,  they  do  not  displace  the  adopted  readers, 
nor  the  use  of  more  advanced  books  in  such  schools  as  may  be  ready  for  the  same. 

Sec.  12.  Gifts  and  Bribes.  Any  member  of  the  state  board  of  education 
who  shall  receive,  solicit  or  accept  any  gift,  present  or  thing  of  value  to  influence 
him  in  his  vote  for  the  adoption  of  books,  or  any  person  who  shall  either  directly 
or  indirectly  give  or  offer  to  give  any  such  gift,  present  or  thing  of  value  to  any 
member  of  said  state  board  of  education  to  influence  him  in  voting  for  the  adop- 
tion of  books  shall  be  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  by  confinement  in  the  penitentiary  of  this  state  not  less  than  one  year 
nor  more  than  three  years. 

Sec.  13.  Shall  Make  Rules  Governing  Purchase,  Distribution  and  Care 
of  Text-Books.  The  state  board  of  education  shall  make  rules  governing  the 
purchase,  distribution,  use,  and  care  of  all  free  text-books  used  in  the  public 
schools  of  this  State. 

Sec.  14.  Shall  Make  Rules.  Subject  to  and  in  conformity  with  the  state 
constitution  and  the  laws  of  the  State,  the  state  board  of  education  shall  deter- 
mine the  educational  policies  of  the  State  and  shall  make  rules  for  carrying  into 
effect  the  laws  and  policies  of  the  State  relating  to  education,  including  rules 
relating  to  the  physical  welfare  of  pupils,  the  education  of  feeble-minded  and 
physically  disabled  or  crippled  children  of  school  age,  retirement  fund  for  teachers, 
school  attendance,  evening  and  continuation  or  part-time  day  schools,  school 
extension  work,  the  classification  of  schools,  the  issuing  of  certificates  upon 
credentials,  the  purchase,  distribution  and  care  of  free  text-books  by  the  district 
board  of  education,  the  general  powers  and  duties  of  county  and  district  boards 
of  education,  and  of  school  trustees,  teachers,  principals,  supervisors,  and  super- 
intendents and  such  other  matters  pertaining  to  the  public  schools  in  the  St 
as  may  seem  to  the  board  to  be  necessary  and  expedient. 

The  state  board  of  education  is  hereby  authorized  and  empowered  to  accept 
for  the  State  of  West  Virginia  any  appropriations  of  money  for  the  removal  of 
illiteracy,  the  teaching  of  immigrants,  and  other  educational  purposes  that  may 
hereafter  be  made  out  of  the  federal  treasury  by  any  act  or  acts  of  congress, 
and  shall  be  constituted  the  chief  state  educational  authority  for  the  expenditure 
and  administration  of  any  such  funds.  Said  board  shall  have  authority  to  make 
rules  and  regulations  for  the  expenditure  of  such  funds,  such  expenditure  to  be 
in  accordance  with  the  terms  of  the  acts  of  congress  making  such  appropriations. 


SCHOOL  LAW  OF  WEST  VIRGINIA  15 

The  treasurer  of  the  State  is  hereby  designated  as  custodian  for  all  funds  received 
as  apportionments  under  the  provisions  of  any  such  act  or  acts  of  congress. 

Sec.  15.  Shall  Exercise  Other  Authority.  The  state  board  of  education 
shall  exercise  such  other  authority  and  perform  such  other  duties  as  may  be^ 
delegated  to  it  by  this  act  and  by  succeeding  acts  of  the  Legislature. 

Sec.  16.  Boards  Abolished.  The  state  board  of  regents,  the  state  board 
of  education,  the  state  school  book  commission,  and  the  state  vocational  board 
as  now  respectively  constituted  by  law  are  hereby  abolished,  effective  at  mid- 
night of  the  thirtieth  day  of  June,  one  thousand  nine  hundred  and  nineteen. 

THE  STATE  SUPERINTENDENT  OF  SCHOOLS 

Sec.  17.  Election,  Qualifications,  Salary.  There  shall  be  elected  by  the 
qualified  voters  of  the  State  a  state  superintendent  of  schools,  whose  term  of 
office  shall  be  the  same  as  that  of  the  governor.  He  shall  be  a  person  of  good 
moral  character,  of  recognized  ability' as  a  school  administrator,  with  academic 
and  professional  training  equivalent  to  graduation  from  a  standard  university 
or  college,  and  shall  have  had  not  less  than  five  years  of  experience  in  public 
school  work.  He  shall  receive  an  annual  salary  of  five  thousand  dollars  ($5,000), 
to  be  paid  monthly  out  of  the  state  fund  upon  warrants  of  the  state  auditor, 
and  he  shall  receive  necessary  traveling  expenses  when  away  from  the  capital 
on  official  business,  not  to  exceed  the  sum  of  five  hundred  dollars,  the  same  to  be 
paid  out  of  the  general  school  fund  upon  warrants  of  the  state  auditor.  Said 
superintendent  shall  reside  and  keep  his  office  at  the  state  capital. 

General  Powers  and  Duties 

Sec.  18.  Shall  Provide  Seal.  The  state  superintendent  of  schools  shall 
provide  a  seal  for  his  office  and  copies  of  his  acts  and  decisions,  and  of  papers 
kept  in  his  office  when  authenticated  by  his  signature  and  his  official  seal,  shall 
be  received  as  evidence  in  all  courts  the  same  as  the  original.  He  shall  sign  all 
requisitions  on  the  auditor  for  the  payment  of  money  out  of  the  state  treasury 
for  school  purposes,  except  as  otherwise  provided  by  law. 

Sec.  19.  Shall  Have  General  Supervision  of  Schools.  The  state  super- 
intendent of  schools  shall  have  general  supervision  of  the  free  schools  of  the  State, 
and  shall  be  the  chief  executive  officer  of  the  state  board  of  education.  He  shall 
be  charged  with  the  general  supervision  of  all  county  and  city  superintendents  of 
free  schools  and  of  county  and  district  boards  of  education  within  the  State, 
except  as  provided  in  chapter  thirty-three  of  the  acts  of  one  thousand  nine  hun- 
dred and  eight.  He  shall  prescribe  the  forms  and  cause  to  be  prepared  and 
printed  all  blanks  necessary  for  carrying  out  the  details  of  the  school  system  of 
the  State,  and  of  the  rules  of  the  state  board  of  education,  so  as  to  secure  the 
uniform  operation  of  the  same  throughout  the  State.  In  respect  to  general 
school  statistics,  said  forms  and  blanks  shall  conform  as  nearly  as  may  be  to 
the  forms  and  blanks  recommended  by  the  United  States  bureau  of  education. 
Said  state  superintendent  shall  also  cause  such  forms  and  blanks  to  be  forwarded 
to  all  school  officers  and  other  persons  whose  duty  or  right  it  is  to  use  them. 


1C  SCHOOL  LAW  OF  WEST  VIRGINIA 

Sec.  20.  Shall  Institute  Proceedings.  The  state  superintendent  of  schools 
shall  cause  to  be  instituted  such  proceedings  or  processes  as  may  be  necessary 
properly  to  enforce  and  give  effect  to  any  provision  or  provisions  of  this  act  and 
to  the  provisions  of  any  other  general  or  special  laws  pertaining  to  the  school 
system  of  the  State,  or  any  part  thereof,  or  of  any  rule  or  direction  of  the  state 
board  of  education,  made  in  conformity  with  its  powers  and  duties  as  provided 
in  this  or  subsequent  acts.  Said  superintendent  shall  have  authority  to  admin- 
ister oaths  and  to  examine  under  oath,  in  any  part  of  the  State,  witnesses  in  any 
proceeding  pertaining  to  the  public  schools,  and  to  cause  such  examination 
to  be  reduced  to  writing.  Witnesses,  other  than  employees  of  the  State,  shall 
be  entitled  to  the  same  fees  as  in  civil  cases  in  the  circuit  court.  The  state  super- 
intendent of  schools  shall  have  power  to  institute  the  proper  proceedings  for  the 
removal  of  any  school  official  charged  with  dishonesty,  continued  neglect  of  duty, 
or  with  failure  to  comply  with  the  provisions  of  this  act  or  of  the  rules  of  the 
state  board  of  education. 

Sec.  21.  May  Hold  Conference.  The  state  superintendent  of  schools 
*shall  have  the  authority  to  call  conferences  of  the  county,  district,  and  city  super- 
intendents of  schools  of  the  State,  or  of'any  group  or  groups  of  such  superin- 
tendents, for  the  purpose  of  considering  with  them  any  matters  relating  to  the 
conditions  and  needs  of  the  schools  and  the  proper  means  of  improving  the  schools 
throughout  the  State,  or  any  section  thereof. 

Sec.  22.  Shall  Give  Interpretation.  At  the  request  in  writing  of  any 
citizen,  teacher,  school  official,  county  or  state  officer,  the  state  superintendent 
of  schools  shall  give  his  interpretation  of  the  meaning  of  any  part  of  the  school 
law  or  of  the  rules  of  the  state  board  of  education. 

Sec.  23.  State  Manuals  and  Other  Publications.  (1)  From  time  to 
time  as  may  be  necessary,  the  state  superintendent  of  schools  shall  cause  to  be 
prepared  and  published  for  distribution  to  the  proper  persons  to  receive  them, 
manuals  of  the  courses  of  study  prescribed  by  the  state  board  of  education,  as 
provided  by  section  nine  of  this  act.  It  shall  be  his  duty  to  see  that  the  minimum 
standards  set  forth  therein  shall  be  maintained  in  all  the  several  kinds  and  grades 
of  the  public  schools  throughout  the  State.  It  shall  also  be  the  duty  of  the 
state  superintendent  of  schools  to  provide  for  the  examination  of  pupils  completing 
such  courses  of  study  and  to  cause  diplomas  or  certificates  to  be  issued  to  all 
persons  who  satisfactorily  complete  such  courses. 

(2)  Said  superintendent  shall  cause  to  be  printed  and  distributed  from  time 
to  time  a  sufficient  number  of  copies  of  the  school  law  to  supply  the  needs  of  school 
officials  and  other  citizens  of  the  State. 

(3)  Said  superintendent  shall  cause  to  be  prepared  and  published  a  list  of 
books  suitable  for  school  libraries  and  shall  recommend  the  proper  conditions 
for  the  purchase  and  use  of  such  books.    Such  list  shall  be  distributed  among 
the  teachers,  principals,  and  superintendents  throughout  the  State. 

(4)  The  state  superintendent  of  schools  shall  also  have  authority  to  publish 
and  distribute  such  other  reports,  circulars  of  information,  and  bulletins  as  in 
his  judgment  will  promote  the  best  interests  of  the  schools. 

The  expenses  of  printing  all  such  publications  or  other  documents  shall  be 
paid  out  of  the  general  school  fund  on  warrants  drawn  by  the  state  superin- 
tendent of  schools. 

Sec.  24.  Shall  Make  a  Biennial  Report.  On  or  before  the  first  day  of 
November  preceding  each  regular  session  of  the  Legislature,  the  state  super- 


SCHOOL  LAW  OF  WEST  VIRGINIA  i7 

intendent  of  schools  shall  make  and  transmit  a  report  to  the  governor,  to  be 
transmitted  by  him  to  the  Legislature.  Such  reports  shall  contain  summaries 
of  the  annual  reports  of  the  county  superintendents  and  such  other  information 
about  the  conditions  of  the  public  school-system  of  the  State  as  said  superinten- 
dent may  deem  it  wise  to  communicate  to  the  governor  and  the  Legislature. 
Said  report  shall,  however,  contain  such  information  about  the  public  schools 
of  the  State  as  the  governor  or  the  Legislature  may  have  previously  requested. 
Said  report  shall  also  include  the  recommendations  of  the  state  superintendent 
respecting  needed  legislation  on  behalf  of  the  schools. 

Sec.  25.  Shall  Employ  Assistants.  For  carrying  into  effect  the  provisions 
of  this  act,  the  state  superintendent  of  schools  shall  maintain  a  department  of 
public  schools  at  his  office  at  the  state  capital  and  he  shall  have  authority  to 
appoint  assistants  and  such  other  employees  as  may  be  necessary,  including  a 
state  supervisor  of  colored  schools,  whose  salary  shall  be  $2,400.00  per  annum 
and  for  any  necessary  expenses  incident  to  the  performance  of  his  duties,  upon 
presentation  of  itemized  sworn  statement  of  the  same. 

Sec.  26.  Other  Powers  and  Duties.  The  state  superintendent  of  schools 
shall  exercise  such  other  powers  and  discharge  such  other  duties  as  are  herein 
assigned  to  him,  or  as  may  from  time  to  time  be  assigned  to  him  by  the  Legis- 
lature and  by  the  state  board  of  education. 

THE     COUNTY  SUPERINTENDENT  OF  SCHOOLS 

Sec.  31.  Election,  Qualification,  Oath,  Bond.  The  county  superin- 
tendents of  schools  elected  at  the  general  election  in  November,  one  thousand 
nine  hundred  and  eighteen,  shall  hold  office  for  the  full  term  of  four  years  for 
which  they  were  elected,  and  until  their  successors  are  elected  as  herein  provided 
and  are  qualified  according  to  law. 

A  county  superintendent  of  free  schools  shall  be  elected  in  each  county  by  the 
voters  thereof,  at  the  general  election  held  on  the  Tuesday  after  the  first  Monday 
in  November,  one  thousand  nine  hundred  and  twenty-two,  who  shall  be  a  resi- 
dent of  the  county  in  which  he  is  elected  and  whose  term  of  office  shall  commence 
on  the  first  day  of  July  next  after  his  election,  and  continue  for  four  years  and 
until  his  successor  is  elected  and  qualified  according  to  law.  The  county  super- 
intendent of  free  schools  shall  immediately  upon  receiving  the  certificate  of 
election  from  the  canvassing  board,  or  the  county  court,  forward  a  written 
notice  thereof  to  the  state  superintendent  of  free  schools. 

In  case  of  a  tie  in  the  vote  for  a  county  superintendent  of  free  schools,  the 
presidents  ^f  the  various  district  boards  of  education  shall  at  a  meeting  called  for 
that  purpose,  at  the  court  house  of  the  county,  by  the  county  superintendent  of 
free  schools,  not  less  than  six  nor  more  than  twelve  days  after  the  result  of  such 
election  is  ascertained,  appoint  one  of  the  persons  receiving  the  highest  number 
of  votes  for  said  office  at  the  said  election  as  county  superintendent  of  free  schools 
who  shall  give  notice  as  aforesaid  to  the  state  superintendent  of  his  appointment. 
A  notice  of  such  meeting  shall  be  made  out  by  the  county  superintendent  and 
served  upon  the  president  of  each  district  board  of  education  at  least  three  days 
before  the  day  of  such  meeting  in  the  manner  provided  by  law  for  the  service  of 
other  process. 

After  this  act  shall  go  into  effect,  no  person  shall  be  elected  or  appointed  to  the 
office  of  County  Superintendent  of  Schools  who  does  not,  at  the  time  of  his 


18  SCHOOL  LAW  OF  WEST  VIRGINIA 

election,  hold  a  supervisor's  certificate  or  who  is  not  a  graduate  of  a  standard 
normal  school  or  who  has  not  completed  courses  in  other  institutions  that,  in 
the  opinion  of  the  state  board  of  education,  are  equivalent  to  such  graduation. 
Provided,  however,  that  anyone  who  holds  a  first  grade  elementary  certificate 
or  its  equivalent,  issued  prior  to  July  first,  one  thousand  nine  hundred  and 
twenty-two,  on  which  he  has  taught  for  a  period  of  ten  years,  shall  be  eligible  to 
the  office  of  county  superintendent,  the  same  as  the  ones  possessing  the  qualifica- 
tions named  in  this  section. 

Before  assuming  any  of  the  duties  of  his  office,  or  exercising  any  authority 
whatsoever,  every  county  superintendent  of  schools  shall  qualify  before  the 
clerk  of  the  county  court,  and  he  shall  also  execute  with  said  clerk  a  bond  with 
approved  security  in  the  penalty  of  one  thousand  dollars  ($1,000)  conditioned 
upon  the  faithful  performance  of  the  duties  of  his  office  and  upon  the  account- 
ing and  paying  over  to  the  proper  authorities  of  all  money  coming  into  his  hands. 
Said  clerk  shall  within  five  days  after  said  qualification  and  execution  of  bond, 
certify  to  the  state  superintendent  of  schools  the  name  of  such  county  super- 
intendent and  the  fact  of  his  qualifying  and  executing  such  bond. 

Every  county  superintendent  of  schools  shall  devote  his  entire  time  during  his 
term  of  office  to  the  performance  of  his  duties  as  superintendent. 

Sec.  32.  Vacancy,  How  Filled.  Upon  proper  complaint  in  writing,  from  the 
state  superintendent  of  schools  or  from  any  officer  or  citizen  of  the  county  against 
any  county  superintendent  of  schools  for  immorality,  misconduct  in  office,  in- 
competency,  wilful  neglect  of  duty,  or  other  good  and  sufficient  cause,  the  state 
board  of  education  may,  after  careful  investigation  of  such  complaint,  remove 
any  such  county  superintendent  of  schools  by  making  known  to  him  in  writing 
upon  not  less  than  ten  days'  notice,  the  charges  against  him  and  by  giving  him 
an  opportunity  to  be  heard  in  his  own  defense,  either  in  person  or  by  counsel. 
After  this  act  shall  go  into  effect  any  vacancy  occurring  in  the  office  of  county 
superintendent  of  schools,  whether  by  removal  or  otherwise,  shall  be  filled  by 
the  presidents  of  the  district  boards  of  education  until  the  next  general  election. 
In  case  of  a  tie  in  the  vote  for  filling  any  such  vacancy,  the  state  superintendent  of 
schools  shall  appoint  a  county  superintendent  of  schools. 

Sec.  33.  Compensation.  County  superintendents  of  schools  shall  receive 
for  their  services  from  the  general  school  fund  annual  compensation  as  follows: 
In  counties  having  fewer  than  seventy-five  schools,  twelve  hundred  dollars 
($1,200);  in  counties  having  seventy-five  schools  but  fewer  than  one  hundred 
schools,  thirteen  hundred  dollars  ($1,300);  in  counties  having  one  hundred 
schools  but  fewer  than  one  hundred  twenty-five  schools,  fourteen  hundred  dollars 
($1,400);  and  in  counties  having  one  hundred  twenty-five  schools  or  more, 
the  county  superintendent  shall  receive  fourteen  hundred  dollars  ($1,400),  and 
in  addition  thereto  three  dollars  ($3.00)  for  each  school  above  one  hundred 
twenty-four;  provided,  however,  that  the  salary  of  a  county  superintendent 
of  schools  payable  out  of  the  general  school  fund  shall  in  no  case  exceed  twenty- 
one  hundred  dollars  ($2,100)  per  annum. 

Sec.  34.  How  Payments  Shall  Be  Made.  Such  compensation  of  the 
county  superintendent  of  schools  shall  be  paid  monthly  out  of  the  general  school 
fund  upon  orders  drawn  by  the  county  superintendent  of  schools  on  the  state 
superintendent,  who  shall  upon  receiving  the  same  issue  a  requisition  upon  the 
auditor  therefor,  payable  to  said  county  superintendent,  or  to  his  assignee. 


SCHOOL  LAW  OF  WEST  VIRGINIA  19 

General  Powers  and  Duties 

Sec.  35.  Shall  be  Chief  Executive  Officer.  As  chief  executive  school 
officer  in  the  county,  the  county  superintendent  of  schools  shall  see  that  the 
school  law  and  the  rules  of  the  state  board  of  education  are  carried  into  effect, 
except  in  independent  school  districts.  He  shall  explain  the  true  intent  and 
meaning  of  the  school  laws  and  of  the  rules  of  the  state  board  of  education; 
he  shall  decide  all  controversies  and  disputes  involving  the  orders  of  any  district 
board  of  education  in  his  county,  and  his  decisions  shall  be  final  unless  the  same 
are  appealed  within  thirty  days  to  the  state  superintendent  of  schools.  Said 
county  superintendent  shall  also  have  authority  to  administer  oaths  and  to 
examine  under  oath,  witnesses  in  any  proceeding  pertaining  to  the  public  schools 
of  the  county  and  to  cause  the  examination  to  be  reduced  to  writing. 

Sec.  36.  Shall  Visit  Schools.  The  county  superintendent  of  schools  shall 
visit  the  schools  of  his  county  as  often  as  practicable,  shall  observe  the  manage- 
ment and  instruction  therein,  and  offer  suggestions  for  the  improvement  of  the 
same.  He  shall  advise  with  supervisors,  principals,  and  teachers;  shall  counsel 
with  district  boards  of  education  and  school  trustees,  and  shall  labor  in  every 
way  to  awaken  public  interest  in  the  schools  and  to  improve  educational  condi- 
tions throughout  the  county.  Subject  to  the  rules  of  the  state  board  of  educa- 
tion the  county  superintendent  of  schools  shall  cause  the  schools  of  his  county 
to  be  graded  and  standardized  and  shall  see  that  at  least  the  minimum  standards 
for  the  courses  of  study  as  prescribed  by  the  state  board  of  education  are  main- 
tained. He  shall  report  to  the  proper  district  board  of  education  all 'cases  of 
incompetency  or  neglect  of  duty  on  the  part  of  any  teacher,  trustee,  or  attendance 
officer  and  he  shall  report  to  the  state  superintendent  of  schools  all  cases  of 
drunkenness,  untruth  fulness,  immorality  or  continued  neglect  of  duty  on  the 
part  of  teachers,  principals,  and  supervisors,  with  his  recommendations  for  the 
proper  remedy  by  said  state  superintendent.  The  county  superintendent  of 
schools  shall  also  have  authority  to  suspend  any  teacher  whose  presence  in  the 
school  he  regards  as  detrimental  to  the  welfare  of  the  pupils,  pending  an  investi- 
gation into  the  conduct  or  condition  of  such  teacher  by  the  state  superintendent 
of  schools  or  by  his  representatives.  If  the  physical  conditions  in  or  about  any 
school  house  are  in  the  judgment  of  the  county  superintendent  of  schools  a 
menace  to  the  health  or  safety  of  the  pupils  of  the  school,  said  county  super- 
intendent shall  have  authority  to  close  such  school  until  such  conditions  are 
remedied. 

Sec.  37.  May  Hold  Conference.  The  county  superintendent  of  schools 
shall  have  authority  to  call  annually,  or  from  time  to  time  as  needs  may  require, 
conferences  of  members  and  secretaries  of  boards  of  education  or  of  principals  and 
supervisors  of  schools  in  order  that  he  may  discuss  with  them  his  plans  for  im- 
proving the  administration  of  the  school  affairs  throughout  the  county.  Members 
of  boards  and  supervisors  and  principals  shall  be  reimbursed  out  of  the  building 
fund  of  their  respective  districts  for  their  actual  and  necessary  traveling  expenses 
incurred  in  attending  one  such  conference  each  school  year. 

Sec.  38.  Shall  be  County  Financial  Secretary.  The  county  superin- 
tendent of  schools  in  each  county  shall  be  ex-officio  county  financial  secretary 
of  school  affairs,  and  as  such  officer  he  shall  have  the  power  and  authority  to 
perform  the  duties  herein  assigned  to  him  by  the  Legislature. 

The  county  financial  secretary  shall  keep  the  financial  records  for  all  the 


20  SCHOOL  LAW  OF  WEST  VIEQINIA 

schools  within  his  county,  said  records  to  be  kept  in  the  form  prescribed  by  the 
chief  inspector  under  chapter  thirty-three,  acts  of  1908.  He  shall  countersign 
all  proper  orders  issued  by  the  several  boards  of  education  within  his  county 
before  said  orders  are  payable  by  the  sheriff  or  school  treasurer,  and  shall  make 
annual  settlements  with  the  sheriff  or  school  treasurer  for  the  several  school 
funds,  as  provided  by  law;  he  shall  at  the  end  of  each  month  deliver  to  each 
board  of  education  a  summarized  statement  showing  the  financial  condition 
of  their  several  school  funds,  said  statement  to  be  in  the  form  prescribed  by  the 
chief  inspector  under  chapter  thirty-three,  acts  of  one  thousand  nine  hundred 
and  eight. 

No  sheriff  or  school  treasurer  shall  pay  any  order  drawn  on  any  school  fund 
until  said  order  has  been  countersigned  by  the  county  financial  secretary.  At 
the  end  of  each  month  the  sheriff  or  school  treasurer  shall  make  a  report  to  the 
county  financial  secretary,  showing  the  date,  number  and  amount  of  each  school 
bond  and  interest  coupon  paid  during  the  month. 

The  county  court  of  every  county  shall  provide  at  the  county  seat  a  suitabl  e 
office,  in  the  courthouse,  if  there  be  sufficient  room,  for  the  county  superintendent 
of  schools,  and  shall  keep  the  same  supplied  with  the  necessary  furniture,  appa- 
ratus, fuel,  light,  record  books,  stationery,  postage,  and  such  other  things  as 
shall  be  necessary,  including  janitor  service.  The  county  financial  secretary  shall 
receive  for  his  services  required  by  this  act  an  annual  compensation  of  seventy- 
five  dollars,  except  that  in  counties  having  more  than  one  hundred  teachers 
employed  for  at  least  six  months  during  the  year,  the  annual  compensation  shall 
be  at  the  rate  of  seventy-five  cents  for  each  teacher  so  employed,  said  compen- 
sation to  be  based  on  the  number  of  teachers  employed  during  the  preceding  year, 
and  to  be  paid  monthly  on  orders  issued  by  the  county  court  drawn  on  the  general 
county  fund. 

Sec.  39.  Shall  Make  Annual  Report.  The  county  superintendent  of  schools 
shall  receive  and  revise  the  reports  made  to  him  by  the  secretaries  of  the  several 
boards  of  education  of  the  districts  and  independent  districts,  and  see  that  they 
are  complete  and  in  forms  prescribed  by  law  or  as  prepared  by  the  state  super- 
intendent of  schools;  and  when  deficiencies  or  errors  exist,  he  shall  return  such 
reports  to  such  secretaries  and  refuse  to  issue  warrants  for  their  salaries  until  all 
reports  are  accurate  and  complete.  From  these  reports  and  such  other  infor- 
mation as  he  may  have  the  county  superintendent  of  schools  shall  make  a  report 
to  the  state  superintendent  of  schools  on  or  before  the  first  day  of  August  an- 
nually, or  as  soon  thereafter  as  possible,  setting  forth  in  reference  to  each  district 
and  independent  district  of  his  county  for  the  year  ending  on  the  thirtieth  day 
of  June  next  preceding,  the  several  particulars  required  in  the  blank  forms  to  be 
furnished  to  him  by  the  state  superintendent  of  schools.  If  any  county  super- 
intendent of  schools  shall  fail  to  make  such  report  to  the  state  superintendent  of 
schools  by  the.  first  day  of  August  in  any  year  said  state  superintendent  shall  have 
authority  to  withhold  the  salary  of  such  county  superintendent  and  may  deduct 
three  dollars  ($3.00)  from  the  salary  of  such  county  superintendent  for  every  day 
after  the  first  day  of  August  until  the  receipt  of  such  annual  report. 

Sec.  40.  Shall  Exercise  Other  Authority.  The  county  superintendent  of 
schools  shall  exercise  such  other  authority  and  perform  such  other  duties  as  may 
be  prescribed  by  this  act  or  by  succeeding  acts  of  the  Legislature,  or  as  may  be 


SCHOOL  LAW  OF  WEST  VIEGINIA  21 

required  by  the  by-laws  of  the  state  board  of  education,  and  he  shall  have  author- 
ity to  act  at  his  discretion  in  any  cases  of  emergency  affecting  the  best  interests 
of  the  schools. 

DISTRICT  BOARD  OF    EDUCATION 

Sec.  41.  How  Constituted,  Election,  Term.  In  each  district  there  shall 
be  a  board  of  education,  which  shall  consist  of  a  president  and  two  school  com- 
missioners, elected  by  the  qualified  voters  of  the  district.  The  commissioner 
who  was  elected  at  the  general  election  in  one  thousand  nine  hundred  and  sixteen, 
and  the  commissioner  and  president  who  were  elected  at  the  general  election  in 
one  thousand  nine  hundred  and  eighteen,  shall  serve  the  full  term  of  four  years 
for  which  they  were  elected,  and  until  their  successors  are  elected  or  appointed 
and  have  qualified  according  to  law.  At  the  general  election  to  be  held  on  the 
Tuesday  after  the  first  Monday  in  November,  one  thousand  nine  hundred  and 
twenty,  and  every  four  years  thereafter,  one  school  commissioner  shall  be  elected; 
and  at  the  general  election  to  be  held  on  the  Tuesday  after  the  first  Monday  in 
November,  one  thousand  nine  hundred  and  twenty-two,  and  every  four  years 
thereafter,  a  president  and  one  school  commissioner  shall  be  elected.  Their 
terms  of  office  shall  commence  on  the  first  day  of  July  next  after  their  election, 
and  they  shall  each  continue  in  office  for  four  years,  and  until  their  successors 
are  elected  or  appointed  and  have  qualified  according  to  law. 

Sec.  42.  Tie  in  the  Vote.  In  case  of  a  tie  in  the  vote  for  school  commissioner 
or  president  of  the  board  the  county  superintendent  shall  appoint  one  of  the 
contestants  as  commissioner  or  president. 

Sec.  43.  Vacancy,  How  Filled.  Any  member  of  any  board  of  education 
who  shall  be  employed  to  teach  in  his  district,  or  any  member  who  shall  move  to 
another  district,  county  or  state,  shall  in  either  case  thereby  immediately  vacate 
his  office. 

Vacancies  in  the  office  of  school  commissioner  or  president  shall  be  filled  by 
the  county  superintendent  of  schools. 

Sec.  44.  Oath  of  Office.  Every  president  and  commissioner  of  a  board  of 
education  elected  or  appointed  within  the  State  shall,  before  exercising  any 
authority  or  performing  any  duties  of  his  office,  qualify  as  such  by  taking  and 
subscribing  to  the  oath  of  office  prescribed  by  section  five  of  article  four  of  the- 
State  Constitution,  which  oath  shall  be  filed  with  the  secretary  of  the  board  of 
education  of  his  district. 

Sec.  45.  Meetings,  Quorum,  Compensation.— The  district  boards  of 
education  shall  hold  their  regular  meetings  on  the  first  Monday  in  July,  the 
second  and  fourth  Tuesdays  in  August,  and  when  the  schools  are  in  session,  on  the 
fourth  Saturday  of  each  calendar  month,  or  other  regular  day  in  the  fourth  week 
of  the  month  to  be  agreed  upon  by  the  board,  all  such  meetings  to  be  held  at  a 
place  to  be  designated  by  the  board  at  its  first  meeting  held  on  the  first  Monday 
in  July.  Upon  the  call  of  the  president  or  of  the  two  school  commissioners  boards- 
of  education  may  hold  other  meetings,  but  no  business  shall  be  transacted  at 
any  called  meeting  except  such  as  may  be  designated  in  the  call  therefor,  of  which 
all  trfe  members  have  had  notice. 

A  majority  of  all  the  members  of  a  board  of  education  shall  constitute  a  quorum 
and  such  board  cannot  transact  any  official  business  except  when  assembled  as  a 
board. 


22  SCHOOL  LAW  OF  WEST  VIRGINIA 

Each  member  of  a  board  of  education  shall  be  entitled  to  receive,  as  compen- 
sation for  his  service,  three  dollars  ($3.00)  a  day  for  each  day  spent  in  the  per- 
formance of  his  official  duties;  provided,  however,  that  no  president  of  a  board 
of  education  shall  receive  pay  for  more  than  fifteen  days,  and  no  commissioner 
shall  receive  pay  for  more  than  twelve  days,  in  any  year. 

General  Powers  and  Duties 

Sec.  46.  The  District  Board  a  Corporation.  The  board  of  education  of 
each  district  shall  be  a  corporation  by  the  name  of  "The  board  of  education  of 
the  district  of  —  —  in  the  county  of  —  — ,"  and  as  such  may  sue  and  be 
sued,  plead  and  be  impleaded,  contract  and  be  contracted  with;  and  shall  succeed 
and  be  subrogated  to  all  the  rights  of  former  district  boards  of  education;  and 
may  prosecute  and  maintain  any  and  all  suits  and  proceedings  now  pending  or 
which  might  have  been  brought  and  prosecuted  in  the  name  of  any  such  former 
board  of  education  for  the  recovery  of  any  money,  or  property  or  damage  to  any 
property  due  to  or  vested  in  such  former  board,  and  shall  also  be  liable  in  its 
corporate  capacity  for  all  claims  legally  existing  against  the  board  of  educa- 
tion of  which  it  is  successor.  Said  board  shall,  according  to  law,  hold  and  dispose 
of  any  real  estate  or  personal  property  belonging  to  said  corporation  or  its  prede- 
cessors, or  that  may  hereafter  come  into  its  possession.  Said  board  shall  receive, 
hold  and  dispose  of,  according  to  law,  and  the  intent  of  the  instrument  con- 
ferring title,  any  gift,  grant,  devise  or  bequest.  All  schoolhouses,  school  sites, 
and  other  property  belonging  to  any  board  of  education  and  used  for  school 
purposes  shall  be  exempt  from  execution  or  other  process,  and  free  from  lien 
or  distress  for  taxes  or  for  county  or  state  levies. 

Sec.  47.  School  Land.  Any  land  or  school  sites  which  for  five  years  prior 
to  the  first  day  of  July,  one  thousand  nine  hundred  and  nineteen,  have  been 
in  the  undisputed  possession  of  any  district  board  of  education  and  which  are 
still  in  such  possession  and  to  which  title  cannot  be  shown  by  any  other  claimant, 
shall  be  the  property  of  the  board  of  education  of  the  district  in  which  any  such 
lands  may  lie,  and  the  title  thereto  shall  be  vested  in  such  board  and  their  suc- 
cessors in  office,  to  be  held  and  used  for  school  purposes,  subject  to  the  provisions 
of  section  forty-nine  of  this  act. 

Sec.  48.  School  Property  May  Be  Sold.  It  shall  be  the  duty  of  every  district 
board  of  education  to  ascertain,  at  the  beginning  of  each  school  year,  the  physical 
condition  of  all  school  buildings  in  its  district  and  the  necessity  of  the  same 
for  school  purposes  and  such  buildings  as,  in  the  judgment  of  the  board,  are 
properly  located  and  are  suitable  or  can  with  reasonable  expense  be  rendered 
suitable  for  school  purposes,  shall,  if  necessary  for  carrying  on  the  schools,  be 
retained;  all  other  buildings  together  with  lands  held  in  connection  therewith, 
shall  with  the  consent  of  the  county  superintendent  of  schools  be  sold  at  public 
auction  to  the  highest  responsible  bidder,  by  the  board  of  education,  on  proper 
legal  notice  and  on  such  terms  of  sale  as  the  board  may  order,  and  the  proceeds 
of  such  sale  shall  be  placed  to  the  credit  of  the  building  fund  of  the  district; 
provided,  that  in  rural  districts  the  grantor  of  such  lands,  his  heirs  or  assigns, 
shall  have  the  right,  at  such  sale,  to  purchase  said  land,  exclusive  of  mineral 
rights,  and  buildings  thereon,  at  the  same  price  for  which  it  was  sold,  plus  legal 
interest.  Said  board  may  also  lease  for  oil  or  gas  or  other  minerals  any  lands 


SCHOOL  LAW  OF  WEST  VIRGINIA 


or  school  sites  owned  in  fee  by  it,  and  not  used  for  school  purposes,  the  rental 
or  other  proceeds  of  any  such  lease  to  be  placed  to  the  credit  of  the  building 
fund  of  the  district. 

Sec.  49.  Shall  Provide  School  Sites.  The  board  of  education  of  every 
district  and  independent  school  district  shall  provide  by  purchase,  condemnation 
or  otherwise,  such  lands  as  may  be  necessary  for  school  buildings,  playgrounds, 
experiments  in  agriculture,  and  other  educational  purposes,  and  shall  have 
authori  y  to  make  the  necessary  expenditures  for  the  improvement  of  such  lands. 

If  the  owner  or  owrners  refuse  to  sell  any  land  selected  by  a  board  of  education 
or  a  county  superintendent  as  a  location  for  a  schoolhouse  and  other  necessary 
buildings,  or  for  enlarging  a  schoolhouse  lot,  or  for  any  other  educational  purpose, 
or  if  such  owner  demand  an  unreasonable  price  therefor,  6r  is  "non  compos 
mentis,"  a  "femme  couverte,"  a  minor,  or  a  non-resident,  the  board  of  education 
may  petition  the  circuit  court  to  have  such  land  condemned,  and  such  proceedings 
shall  thereupon  be  had  in  the  name  of  such  board  for  the  condemnation  thereof, 
as  provided  for  in  chapter  forty-two  of  the  code  of  West  Virginia;  provided, 
that  the  land  so  taken  shall  not  exceed  in  quantity  five  acres. 

It  is  provided,  however,  that  except  in  independent  school  districts,  no  lands 
may  be  purchased  by  any  board  of  education,  nor  condemned  by  any  circuit 
court,  unless  such  lands  have  first  been  approved  for  the  purpose  or  purposes 
intended,  by  the  county  superintendent  of  schools,  in  writing.  It  is  provided, 
further,  that  a  board  of  education  cannot  spend  public  school  funds  for  the  erection 
of  school  houses  or  other  buildings  for  educational  purposes,  on  lands  to  which 
the  board  does  not  possess  legal  title  or  other  instrument  of  possession  approved 
by  the  county  superintendent  of  schools. 

Sec.  50.  Shall  Provide  Buildings,  Furniture  and  Equipment.  The 
board  of  education  of  every  district  and  independent  school  district  shall  pro- 
vide by  purchase,  lease,  building,  or  otherwise  a  sufficient  number  of  suitable 
schoolhouses  and  other  buildings  to  meet  the  educational  needs  of  its  district. 
Said  board  shall  also  provide  such  furniture,  fixtures,  and  apparatus  for  said 
school  houses  and  other  buildings  as  may  be  necessary  for  the  effectiveness  of 
the  schools  and  for  the  convenience,  health,  and  cleanliness  of  the  pupils  thereof, 
including  fuel  and  other  necessary  supplies  and  shall  cause  the  school  grounds, 
school  houses,  and  the  furniture,  fixtures,  and  apparatus  therein  to  be  kept  in  good 
order  and  repair,  and  may  provide  for  medical  and  dental  clinics.  It  is  provided, 
however,  that  no  schoolhouse  or  other  school  building  shall  be  constructed  by 
any  Aboard  of  education,  except  in  independent  districts,  until  the  location  there- 
for has  first  been  approved  by  the  county  superintendent  of  schools,  nor  until 
the  plans  for  such  building  have  first  been  approved  in  writing  by  said  super- 
intendent, unless  the  plans  have  been  indorsed  by  the  state  board  of  education 
or  its  agent.  In  the  event  said  board  cannot  agree  upon  the  location  or  plans  of 
any  proposed  school  building  said  county  superintendent  shall  select  the  loca- 
tion and  the  plans  for  such  building. 

It  is  further  provided,  that  proposed  repairs  upon  old  buildings  or  the 
remodeling  of  the  same,  costing  in  excess  of  two  hundred  ($200.00)  dollars  for 
any  building,  shall  not  be  made  by  a  board  of  education,  except  in  independent 
districts,  without  the  written  approval  of  the  county  superintendent  of  schools; 
and  that  no  purchase  of  school  furniture,  fixtures,  equipment,  library  books  or 
supplies  costing  in  excess  of  fifty  ($50.00)  dollars  shall  be  made  by  such  board  of 
education  without  the  written  approval  of  said  superintendent. 


24  SCHOOL  LAW  OF  WEST  VIRGINIA 

The  county  superintendent  of  schools  may  as  county  financial  secretary 
refuse  to  countersign  any  orders  which  may  be  issued  by  any  board  of  education 
in  violation  of  the  provisions  of  this  section  and  of  section  fifty*  requiring  his 
approval. 

The  county  superintendent  of  schools  shall  also  have  authority  to  require  that 
any  district  board  of  education  shall  submit  for  his  approval  any  contract  about 
to  be  made  by  such  board  involving  an  expenditure  from  the  building  fund  of  the 
district,  if  the  amount  of  such  contract  is  in  excess  of  three  hundred  ($300.00) 
dollars. 

Sec.  51.  May  Provide  Buildings  Jointly.  District  boards  of  education 
in  adjoining  districts  may  jointly  provide  for  the  construction  of  schoolhouses 
and  the  teaching  of  school  therein  for  the  attendance  of  pupils  in  adjoining  por- 
tions of  such  districts,  whether  in  the  same  or  different  counties,  who  may  be 
better  accommodated  by  such  union  of  schools.  The  title  of  such  schoolhouses 
shall  be  vested  in  the  board  of  education  of  the  district  in  which  such  joint  school- 
house  is  located,  and  the  terms  of  the  agreement  shall  be  reduced  to  writing 
and  entered  of  record  in  the  minutes  of  each  board  concerned.  Such  school- 
houses  shall  be  provided  with  furniture,  fixtures,  and  such  other  apparatus  and 
equipment  as  are  supplied  to  schoolhouses  generally,  and  an  equitable  amount 
of  the  cost  thereof  shall  be  apportioned  to  each  district  affected  by  such  union, 
and  the  same  shall  be  paid  by  each  board  in  the  manner  of  payment  of  other 
school  expenses  within  its  own  district. 

Sec.  52.  Bond  Required  from  Contractors.  Boards  of  education  shall 
in  all  cases  require  persons  entering  into  contract  for  the  building  or  repairing  of 
schoolhouses  where  the  contract  price  exceeds  one  hundred  ($100.00)  dollars, 
to  execute  bond,  with  approved  security,  in  double  the  amount  of  the  contract 
price. 

Sec.  53.  May  Appoint  Trustees.  Boards  of  education  may,  at  their  dis- 
cretion, appoint  one  school  trustee  for  each  of  the  sub-districts,  in  their  districts, 
or  for  any  one  or  more  of  such  sub-districts,  to  be  custodian  of  the  school  properties 
therein.  If  any  board  of  education  decides  to  exercise  the  authority  herein  given 
to  it  to  appoint  trustees,  it  shall  at  its  first  regular  meeting  in  any  year  com- 
mencing with  the  school  year,  beginning  the  first  day  of  July,  one  thousand  nine 
hundred  and  nineteen,  appoint  as  trustee  for  each  such  sub-district  a  responsible 
citizen  thereof,  for  a  term  of  one  year  from  the  date  of  his  appointment.  Said 
district  board  may  at  any  time  for  neglect  of  duty  or  for  other  good  cause,  remove  . 
any  trustee  so  appointed  by  serving  notice  upon  him  of  his  removal,  and  may 
appoint  his  successor  for  the  unexpired  term.  Provided,  however,  that  nothing 
herein  shall  prevent  a  board  of  education  from  appointing  three  trustees  for  each 
sub-district  in  its  district,  who,  when  appointed,  shall  be  the  custodians  of  the 
school  property  therein,  and  who  shall  have  the  authority  to  appoint  and  con- 
tract with  teachers  in  their  respective  sub-districts,  but  such  appointments 
shall  be  made  at  a  meeting  to  be  held  on  the  third  Monday  in  July  of  each  year, 
or  as  soon  thereafter  as  practical,  and  under  the  conditions  provided  by  law  for 
contracting  with  teachers. 

At  their  meeting  on  the  first  Monday  in  July,  one  thousand  nine  hundred  and 
nineteen,  the  board  of  education,  if  it  exercise  the  authority  to  appoint  three 
trustees,  shall  appoint  one  for  a  term  of  one  year;  one  for  a  term  of  two  years; 
and  one  for  a  term  of  three  years;  who  shall  hold  their  offices  until  their  successors 

*Refers  to  section  forty-nine. 


SCHOOL  LAW  OF  WEST  VIBGINIA  25- 

are  appointed  and  qualified.  After  the  expiration  of  said  terms  all  appointments 
shall  be  made  for  a  term  of  three  years;  but  nothing  herein  shall  prevent  a  board 
of  education  from  exercising  the  right  to  appoint  trustees  at  their  meeting  on  the 
first  Monday  in  July  of  any  subsequent  year. 

The  trustees  so  appointed  shall  exercise  the  same  right  and  authority  over 
their  respective  sub-districts  as  is  exercised  by  the  board  of  education  when  no 
trustees  are  appointed  therein,  but  shall  be  subject  to  removal  by  the  board  of 
education  at  any  time  for  neglect  of  duty  or  misconduct  in  office.  The  act  of 
removing  any  trustee  by  a  board  of  education  as  aforesaid  shall  be  final.  A 
school  trustee  shall  be  under  the  immediate  direction  of  the  board  of  education 
of  his  district,  or  of  its  authorized  executive  officer.  He  shall  receive  no  salary 
or  other  emolument  in  recognition  of  his  services  as  school  trustee,  but  if  while 
performing  any  duty  imposed  upon  him  by  an  order  of  the  board  of  education  of 
his  district,  when  such  order  is  in  conformity  with  the  orders  of  the  board,  he 
incurs  any  expense  to  himself,  he  shall  be  reimbursed  therefor  out  of  the  building 
fund  of  the  district,  and  if  he  is  required  to  perform  any  labor  by  orders  of  tht, 
board  he  shall  be  allowed  a  reasonable  compensation  for  the  time  actually  and 
necessarily  spent  at  such  labor.  Said  board  shall  also  have  authority  to  appoint 
janitors  for  school  buildings  and  to  pay  such  janitors  out  of  the  building  fund  an 
amount  not  to  exceed  two  dollars  ($2.00)  per  week  for  each  class  room  in  use  in 
such  building.  It  is  provided,  however,  that  the  maximum  of  two  dollars 
per  week  for  janitor  service  shall  not  apply  in  independent  districts  or  in  graded 
and  high  schools  of  more  than  four  rooms. 

Sec.  54.  Minimum  School  Term — Board  May  Extend  Same.  The 
board  of  education  of  every  district  and  independent  district  shall  provide  in 
the  schools  of  its  district  a  minimum  school  term  in  each  year  as  follows:  In 
the  year  1919-1920,  one  hundred  twenty  days;  in  the  year  1920-1921,  one  hundred 
thirty  days;  in  the  year  1921-1922,  one  hundred  forty  days;  in  the  year  1922- 
1923,  one  hundred  fifty  days;  in  the  year  1923-1924,  and  thereafter,  one  hundred 
sixty  days.  It  is  provided,  however,  that  the  board  of  education  of  any  district 
or  independent  school  district  shall  have  authority  to  extend  such  minimum 
school  term  in  any  year  for  as  many  days  in  addition  thereto  as  the  board  may 
determine.  It  is  provided,  further,  that  if  the  proceeds  of  the  regular  levies- 
authorized  by  law  are  insufficient  to  enable  the  board  of  education  of  any  district 
to  extend  the  term  of  school  for  a  longer  term  than  the  minimum  herein  pro- 
vided^ such  board  may  at  any  general  election  or  at  a  special  election  submit  to 
the  qualified  voters  of  the  district  the  question  of  laying  an  additional  levy  for 
such  extension  of  the  school  term,  and  if  petitioned  so  to  do  by  at  least  fifty  tax- 
payers in  any  district,  the  board  of  education  shall  -submit  the  question  of  such 
additional  levy.  If  at  any  such  election  a  majority  of  the  votes  cast  on  the  ques- 
tion are  in  favor  of  such  additional  levy,  it  shall  then  be  the  duty  of  the  board  of 
education  to  make  such  extension  and  to  lay  on  all  the  assessed  valuation  of 
property  in  the  district  such  additional  levies  as  may  be  necessary  to  pay  the 
additional  cost  of  the  same. .  The  term  of  school  fixed  by  such  election  shall 
continue  from  year  to  year  so  long  as  a  majority  of  the  votes  cast  at  the  election 
at  which  the  question  of  "school  levy"  is  submitted,  be  in  favor  of  such  "school 
levy,"  or  until  the  term  so  fixed  shall  be  changed  by  a  majority  vote  of  the  people 
in  such  district  The  schools  shall  be  open  to  all  youths  between  the  ages  of  six 
and  twenty-one  for  the  full  length  of  the  school  term  provided  in  their  district. 

Sec.  55.     Minimum  Salaries  for  Teachers — Board  May  Increase.  .Com- 


26  SCHOOL  LAW  OF  WEST  VIRGINIA 

mencing  with  the  school  year,  1919-1920,  every  teacher  employed  in  the  schools 
throughout  the  State,  who  holds  a  certificate  of  the  first  grade,  shall  receive  not 
less  than  seventy-five  dollars  ($75.00)  a  month;  every  teacher  so  employed  and 
holding  a  certificate  of  the  second  grade  shall  receive  not  less  than  sixty  dollars 
($60.00)  a  month;  and  every  teacher  so  employed  and  holding  a  certificate  of 
the  third  grade,,  shall  receive  not  less  than  forty-five  dollars  ($45.00)  a  month. 
But  the  board  of  education  of  any  district  or  independent  district  shall  have 
authority  to  fix  a  schedule  of  salaries  for  teachers  holding  the  aforesaid  grades 
of  certificates  at  higher  rates  than  the  minimum  salaries  herein  provided. 

The  board  of  education  of  any  district  or  independent  district  may  fix  a  higher 
rate  of  salary  than  the  rate  fixed  for  teachers  in  general,  holding  certificates  of  the 
first,  second,  and  third  grades,  to  be  paid  to  teachers  in  graded  schools  having  two 
or  more  rooms  in  the  same  building,  to  teachers  who  are  graduates  in  the  diploma 
course  of  state  normal  schools  and  other  schools  of  equal  or  higher  grade,  and  to 
teachers  who  attend  within  the  summer  vacation  period  the  summer  term  of  the 
West  Virginia  University,  or  of  one  of  the  state  normal  schools  or  of  other  schools 
of  equal  or  higher  grade  and  standing.  Boards  of  education  shall  have  authority 
to  fix  schedules  of  salaries  to  be  paid  to  superintendents,  principals,  supervisors, 
and  all  other  employees  under  its  authority  and  conk-ol. 

Sec.  56.  May  Appoint  District  Supervisors.  The  board  of  education  of 
every  district  in  the  State  shall  have  authority  to  appoint  for  its  district  a  dis- 
trict supervisor  of  schools  and  to  fix  his  salary.  The  salary  of  a  district  supervisor 
shall  be  paid  monthly  out  of  the  teachers'  funds  of  the  district.  Said  board  may, 
subject  to  the  written  approval  of  the  county  superintendent  of  schools,  appoint 
one  or  more  assistant  district  supervisors  in  districts  in  which  fifty  or  more 
principals  and  teachers  are  employed. 

It  is  provided,  further,  that  the  board  of  education  of  any  district  may  employ 
a  district  supervisor  for  as  many  months  longer  than  the  regular  school  term  as 
may  be  necessary  for  him  to  supervise  the  construction  of  new  buildings,  the 
repairing  of  old  buildings,  the  improvement  of  school  grounds,  and  to  do  such 
other  work  as  may  be  approved  by  the  board.  Said  board  may  also  co-operate 
with  the  extension  division  of  the  college  of  agriculture  of  West  Virginia  Uni- 
versity in  employing  the  district  supervisor  or  another  person  as  agricultural 
club  agent  for  the  organization  and  direction  of  boys'  and  girls'  agricultural 
clubs  in  the  district;  but  any  district  supervisor  so  appointed  shall  be  under-  the 
authority  and  direction  of  the  board  of  education  of  the  district  and  he  shall  in 
no  case  neglect  the  work  of  supervising  the  schools  and  of  performing  his  other 
duties  as  district  supervisor.  It  is  provided,  further,  that  two  or  more  dis- 
tricts in  the  same  county  or  in  adjoining  counties  may  appoint  a  district  super- 
visor jointly,  the  apportionment  of  the  salary  and  of  the  time  of  such  super- 
visor to  be  arranged  according  to  the  number  of  schools  in  each  district. 

Commencing  with  the  year  1920-1921,  no  person  shall  be  eligible  for  appoint- 
ment as  district  supervisor  who  does  not  hold  a  valid  supervisor's  certificate  or 
its  equivalent  as  defined  by  the  state  board  of  education  and  who  is  not  also  a 
graduate  of  a  standard  normal  school  or  who  has  not  had  other  academic  and 
professional  training  approved  by  the  state  board  of  education  as  equivalent  in 
all  respects  to  graduation  from  a  standard  normal  school;  provided,  that, 
prior  toJLhe  first  day  of  July,  1923,  any  person  holding  a  first  grade  teachers' 


SCHOOL  LAW  OF  WEST  VIRGINIA 


certificate,  who  has  had  successful  experience  in  supervising  schools  may,  upon 
the  recommendation  of  the  state  board  of  education,  be  granted  by  the  state 
superintendent  a  provisional  license  to  act  as  district  supervisor. 

The  district  supervisor  shall  be  the  executive  officer  of  the  board  of  education 
of  his  district.  He  shall  attend  all  the  meetings  of  the  board,  except  when  his 
appointment,  tenure  or  salary  is  the  order  of  business,  and  he  shall  have  the 
privilege  of  the  floor,  but  he  shall  have  no  vote.  From  a  list  of  applicants  in  the 
hands  of  the  board  of  education  the  district  supervisor  shall  have  authority  to 
recommend  for  appointment  by  the  board  a  sufficient  number  of  principals  and 
teachers  for  the  schools  of  the  district,  except  in  incorporated  towns  and  cities 
where  superintendents  are  appointed  by  the  board,  and  he  shall  have  authority 
to  assign  to  their  respective  posts  of  duty  all  principals  and  teachers  so  appointed. 
Said  supervisor  shall  visit  the  schools  of  his  district  as  often  as  possible  and  shall 
see  that  the  school  laws  are  enforced,  that  minimum  standards  of  the  courses  of 
study  prepared  by  the  state  board  of  education  are  maintained,  and  that  all  the 
laws  and  rules  of  the  state  board  of  education  relating  to  the  health  of  school 
children  are  observed.  He  shall  supervise  the  methods  of  instruction  in  the  schools 
and  offer  such  suggestions  to  teachers  as  he  may  deem  expedient,  and  he  shall 
have  authority  to  call  meetings  of  the  teachers  as  often  as  practicable.  He  shall 
make  such  reports  as  the  state  superintendent  of  schools  may  require. 

Sec.  57.  Shall  Appoint  Teachers.  The  board  of  education  shall  on  or 
before  the  first  Monday  in  July  in  each  year,  if  practicable,  appoint  the  principals 
and  teachers  for  all  the  schools  in  the  district  and  shall  fix  their  salaries  as  provided 
by  section  fifty-six*  of  this  act.  All  such  appointments  shall  be  in  writing  accord- 
ing to  the  form  of  contract  to  be  furnished  by  the  state  superintendent  of  schools 
and  all  such  contracts,  together  with  the  certificates  of  the  appointees,  shall  be 
filed  with  the  secretary  of  the  board. 

The  board  of  education  of  any  district  or  independent  district  may  suspend 
or  dismiss  any  principal  or  teacher  so  appointed,  for  immorality,  incompetency, 
cruelty,  insubordination,  intemperance  or  wilful  neglect  of  duty,  provided  that 
the  charges  be  stated  in  writing  and  that  the  teacher  be  given  an  opportunity  to 
be  heard  by  the  board  upon  not  less  than  ten  days'  notice  and  provided  that  in 
all  cases  when  the  board  is  not  unanimous  in  its  decisions  to  suspend  or  dismiss, 
the  principal  or  teacher  so  suspended  or  dismissed  shall  have  the  right  of  appeal 
to  the  state  superintendent  of  schools.  It  is  provided,  however,  that  any  teacher 
who  enters  into  a  contract  with  a  board  of  education  to  teach  in  a  public  school 
and  who  fails  to  complete  the  term  of  such  contract,  unless  prevented  from  doing 
so  by  personal  illness  or  other  just  cause,  or  unless  released  from  such  contract 
by  said  board,  shall  be  disqualified  to  teach  in  any  other  public  school  in  the 
State  during  the  term  of  such  contract. 

If  any  school  is  closed  by  the  proper  health  authorities  on  account  of  the 
prevalence  of  any  contagious  or  infectious  diseases,  the  time  during  which  such 
school  is  closed  shall  be  counted  as  if  taught  in  determining  whether  a  school 
has  been  maintained  for  the  minimum  term,  and  the  teacher  of  such  school  shall 
not  be  compelled  to  make  up  such  lost  time  provided  he  held  himself  in  readiness 
to  teach  subject  to  the  order  of  the  board. 

In  making  contracts  with  teachers  or  other  employees  of  the  board,  it  shall  be 
understood  that  schools  are  not  to  be  kept  in  operation  for  instruction  on  any 
Saturday  or  on  the  following  days  which  are  hereby  named  and  designated  as 

*Refers  to  section  fifty-five. 


28  SCHOOL  LAW  OF  WEST  VIBGINIA 

school  holidays,  namely:  The  Fourth  of  July,  commonly  called  Independence 
Day;  the  last  Thursday  in  November,  commonly  called  Thanksgiving  Day; 
the  twenty-fifth  day  of  December,  commonly  called  Christmas  Day;  any  day 
on  which  a  general  election  is  held  throughout  the  State;  and  any  day  appointed 
and  set  apart  by  the  president  or  the  governor  as  a  day  of  special  observance  by 
the  people  of  the  State;  provided,  that  no  teacher  shall  count  any  such  holiday 
or  other  day  so  set  apart,  as  a  day  taught;  but  shall  teach  twenty  full  days  for 
each  school  month  specified  in  his  or  her  contract;  and  provided,  further, 
that  on  Washington's  birthday  the  schools  shall  be  open  and  shall  devote  a  portion 
of  the  day  to  exercises  bearing  on  the  life  and  services  of  "The  Father  of  Our 
Country,"  and  that  Arbor  Day,  Memorial  Day  and  any  other  special  days  shall 
be  observed  at  such  times  and  in  such  manner  as  the  state  board  of  education 
may  determine. 

Sec.  58.  Shall  Have  General  Control.  In  accordance  with  the  provisions- 
of  this  act  and  subject  to  the  rules  and  regulations  of  the  state  board  of  educa- 
tion, every  district  board  of  education  shall  have  the  general  control  and  man- 
agement of  all  the  schools  and  the  school  interests  of  its  district;  it  shall  have 
authority  to  change  the  boundaries  of  sub-districts  and  increase  or  diminish  the 
number  thereof;  and  it  shall,  as  hereinafter  provided,  establish  high  schools. 
Said  board  shall  have  authority  to  close  any  schools  which  may  be  unnecessary 
and  to  assign  the  pupils  of  such  schools  to  other  schools,  and  to  consolidate  two- 
or  more  small  schools  into  central  graded  schools  to  be  known  as  "consolidated 
schools,"  and  to  provide  a  building  with  all  necessary  equipment  therefor.  Said 
board  shall  also  have  authority  to  provide  at  public  expense  for  the  transportation 
of  pupils  to  and  from  such  consolidated  schools,  or  other  schools  where  transpor- 
tation of  pupils  may  be  necessary;  provided,  that  such  transportation  shall 
be  in  accordance  with  the  rules  and  regulations  of  the  state  board  of  education 
relating  thereto.  It  is  provided,  further,  that  said  district  board  of  education 
may  close  any  elementary  school  whose  average  daily  attendance  falls  below 
ten  pupils  for  two  months  in  succession,  and  shall  thereupon  direct  the  pupils 
affected  thereby  to  attend,  if  possible,  another  school  or  other  schools  in  the 
same  or  in  adjoining  districts  or  independent  districts,  whether  in  the  same  or 
in  adjoining  counties,  and  the  teacher  of  any  school  so  closed  or  abandoned 
shall  receive  no  further  compensation  as  teacher  of  such  school.  It  is  providedr 
also,  that  whenever  any  child  or  group  of  children  of  school  age  shall,  by  reason 
of  the  provisions  of  this  act,  or  for  any  cause  whatsoever,  be  without  opportunity 
to  attend  a  free  school  as  provided  by  law,  within  two  miles  of  their  homes  by  the 
shortest  available  road  or  path,  the  board  of  education  of  the  district  in  which 
such  child  or  group  of  children  reside,  may  employ  such  means  as  to  the  board 
may  seem  best  to  provide  educational  opportunities  to  such  child  or  group  of 
children,  and  may  expend  for  such  purpose  an  amount  not  to  exceed  the  propor- 
tion of  all  the  school  funds  of  the  district  that  such  child  or  group  of  children  would 
be  entitled  to  receive,  if  all  such  funds  were  distributed  equally  among  all  the 
children  of  school  age  in  the  district  upon  a  per  capita  basis,  such  expenditure 
to  be  made  according  to  such  rules  and  regulations  as  the  said  district  board  may 
make  therefor. 

Sec.  59.  Transfer  of  Pupils — Tuition.  The  board  of  education  of  every 
district  and  independent  district  shall  determine  what  schools  in  its  district  the 
pupils  shall  attend.  But  upon  the  written  request  of  any  parent,  guardian  or 
other  person  legally  responsible  for  any  pupil  or  pupils,  the  board  of  education 


SCHOOL  LAW  OF  WEST  VIEGINIA  29 

may  transfer  such  pupils  to  another  school  in  the  district,  or  to  a  school  in  an 
adjoining  district  or  independent  district,  if  it  can  be  shown  that  such  pupils 
would  be  better  accommodated  at  such  other  school.  Any  person  aggrieved  by 
the  action  of  a  district  board  of  education  regarding  such  application  for  transfer 
of  pupils  may  appeal  to  the  county  superintendent  of  schools,  whose  decision- 
shall  be  final. 

Transfers  of  pupils  from  one  district  or  independent  district  to  another,  whether 
in  the  same  or  in  adjoining  counties  shall  be  made  by  the  board  of  education  of 
the  district  in  which  the  pupil  or  pupils  desiring  to  be  transferred  reside,  and  the 
•same  shall  be  subject  to  the  approval  of  the  board  of  education  of  the  district  or 
independent  district  in  charge  of  the  schools  to  which  such  pupil  or  pupils  wish 
to  be  transferred.  In  all  cases  of  transfer  of  pupils,  either  to  elementary  schools 
•or  to  high  schools,  the  board  of  education  of  the  district  making  such  transfer 
shall  pay  to  the  board  of  education  to  which  such  transfers  are  made,  reasonable 
tuition  fees,  which  for  elementary  schools  shall  not  exceed  two  and  one-half 
dollars  ($2.50)  a  month,  and  which  for  high  schools  shall  not  be  less  than  two  and 
-one-half  dollars  ($2.50)  nor  more  than  five  dollars  ($5.00)  a  month,  the  same  to 
be  paid  out  of  the  teachers'  fund  of  the  one  district  to  the  teachers'  fund  of  the 
other. 

Sec.  60.  May  Provide  Kindergartens.  The  board  of  education  of  any 
district  or  independent  district  may  establish  in  connection  with  the  schools  of 
•such  district,  kindergarten  classes  to  which  may  be  admitted  children  between 
the  ages  of  four  and  six  years. 

Persons  employed  as  teachers  in  such  kindergarten  classes  shall  be  required 
to  hold  special  kindergarten  certificates  which  shall  be  issued  by  the  state  super- 
intendent of  schools  under  regulations  prescribed  by  the  state  board  of  education. 

Sec.  61.  Evening  Schools  and  Other  School  Extension  Activities. 
The  board  of  education  of  any  district  or  independent  district  shall  have  authority 
to  establish  and  maintain  evening  classes  or  night  schools,  continuation  or  part- 
time  day  schools,  and  vocational  schools  wherever  practicable  to  do  so,  and  shall 
admit  thereto  adult  persons  and  all  other  persons,  including  persons  of  foreign 
•birth,  but  excepting  children  and  youth  who  are  required  by  law  to  attend  day 
•schools.  Boards  of  education  shall  have  the  authority  to  use  school  funds  for  the 
financial  support  of  such  schools  and  to  use  the  school  houses  and  their  equip- 
ment for  such  purposes.  Any  such  classes  of  schools  shall  be  conducted  in  accord- 
ance with  the  rules  and  regulations  of  the  state  board  of  education. 

The  board  of  education  of  any  district  or  independent  district  shall  have 
.authority  also  to  provide  for  the  free,  comfortable,  and  convenient  use  of  any 
school  property  to  promote  and  facilitate  frequent  meetings  and  associations 
of  the  people  in  discussion,  study,  recreation  and  other  community  activities, 
and  may  require,  assemble  and  house  material  for  use  in  the  study  of  farm, 
home,  and  community  problems  and  may  provide  facilities  for  the  dissemination 
of  information  useful  on  the  farm,  in  the  home,  or  in  the  community. 

Sec.  62.  Shall  Provide  School  Libraries.  The  board  of  education  of 
•every  district  and  independent  district  may  provide  libraries  for  their  schools 
and  may  purchase  books,  bookcases  and  other  things  necessary  therefor,  and  shall 
pay  the  costs  of  such  libraries  out  of  the  school  funds  of  their  districts.  Books 
so  purchased,  except  in  independent  school  districts  and  in  high  schools,  shall 
be  selected  from  an  approved  list  to  be  prepared  and  published  from  time  to  time 


SCHOOL  LAW  or  WEST  VIRGINIA 


by  the  state  superintendent  of  schools.  It  is  provided,  however,  that  books 
not  included  in  such  list  may  be  purchased  upon  the  written  approval  of  said 
superintendent. 

Boards  of  education  of  such  districts  shall  have  authority  to  employ  during 
the  vacation  period,  a  librarian  for  any  school  having  fifty  volumes  or  more  and 
to  pay  such  librarian  out  of  the  school  funds  of  the  district,  an  amount  not  to 
exceed  one  ($1.00)  dollar  a  day  for  each  day  such  library  is  kept  open,  by  order 
of  the  board.  Any  librarian  so  appointed  shall  keep  the  library  open  at  least 
one  day  a  week,  at  which  time  the  patrons  and  pupils  of  the  school  may  draw 
books  from  the  library  under  such  rules  and  regulations  for  the  care  and  return 
thereof  as  the  board  may  make. 

Sec.  63.  May  Display  United  States  Flag.  Every  board  of  education 
shall  have  authority  to  purchase,  out  of  the  building  fund,  United  States  flags  of 
regulation  bunting  for  the  school  buildings  of  the  district  and  to  require  the  same 
to  be  displayed  over  such  school  buildings  during  the  time  the  schools  are  in 
session. 

Sec.  64.  Medical  Inspection  and  School  Nurses.  Boards  of  education  of 
independent  school  districts  shall,  and  boards  of  education  of  districts  may, 
employ  proper  medical  and  dental  inspection  of  all  pupils  attending  the  schools 
of  their  districts. 

Boards  of  education  of  districts  and  independent  districts  shall  also  have 
authority  to' employ  school  nurses  and  to  take  any  other  action  necessary  to 
protect  the  pupils  from  contagious  and  infectious  diseases,  including  the  authority 
to  require  from  all  teachers  employed  in  their  districts,  certificates  of  good  health 
and  of  physical  fitness  for  the  work  of  instruction  in  the  schools. 

Sec.  65.  Free  Text  Books.  The  board  of  education  of  any  district  or  in- 
dependent district  may  purchase  the  necessary  text-books  prescribed  to  be  used 
in  the  free  schools  under  their  control  and  furnish  the  same  free  to  the  pupils  of 
said  schools,  or  to  pupils  whose  parents,  in  the  judgment  of  the  board,  are  finan- 
cially unable  to  provide  such  books.  If  the  board  of  education  determines  to 
purchase  and  furnish  such  free  text-books,  they  shall  enter  an  order  to  that  effect 
upon  the  records  and  shall  cause  said  books  to  be  purchased  and  kept  in  charge 
by  the  secretary  and  furnished  to  the  pupils  of  free  schools  of  their  district  as 
hereinafter  provided. 

At  the  commencement  of  every  term  of  the  free  schools  in  such  district  the 
secretary  shall  deliver  to  the  teachers  thereof  such  books  as  may  be  necessary 
for  the  use  of  the  several  pupils  therein  for  the  ensuing  term  of  school  and  take 
from  them  receipts  showing  the  number  and  kind  of  books  so  received.  It  shall 
be  the  duty  of  such  teachers  to  take  charge  of  such  books  and  to  distribute  them 
among  the  pupils  of  their  schools  as  needed,  and  said  teachers  shall  have  and 
exercise  general  control  over  said  books  during  such  term  and  at  the  close  thereof 
and  before  they  receive  an  order  for  salary  for  the  last  month  of  such  term  shall 
collect  and  gather  together  all  the  books  so  used  during  the  term  and  deliver 
them  to  the  secretary  of  the  board  of  education;  provided,  that  if  any  of  the 
books  delivered  to  any  pupil  of  such  district  shall  be  unnecessarily  injured  or 
destroyed  they  shall  be  replaced  by  the  pupil  who  injured  or  destroyed  them. 
All  such  books  shall  be  purchased  by  the  board  of  education  directly  from  the 
publisher,  contracted  with  as  prescribed  by  law  and  at  the  net  wholesale  price. 
Provided,  however,  that  the  teacher  shall  be  allowed  pay  for  a  period  of  two 
days  at  the  same  rate  of  pay  for  which  he  is  teaching,  and  also  be  furnished  means 


SCHOOL  LAW  OF  WEST  VIRGINIA  31 

of  transportation  for  going  after  and  returning  the  text-books  for  the  school, 
the  same  to  be  paid  out  of  the  building  fund  of  the  district,  in  which  he  teaches, 
on  the  return  of  the  books  to  the  school  board's  depository. 

Sec.  66.  May  Establish  Teachers'  Retirement  Fund.  Boards  of  edu- 
cation of  districts  and  independent  school  districts  shall  have  authority  to  estnh-- 
lish  and  maintain  a  Teachers'  Retirement  Fund  for  the  teachers  of  their  dis- 
tricts, the  administration  of  such  fund  to  be  in  accordance  with  the  rules  of  the 
state  board  of  education  relating  thereto.  Any  board  of  education  which  provides 
such  retirement  fund  shall  have  authority  to  maintain  the  same  out  of  the  teach- 
ers' fund  in  accordance  with  said  rules. 

Sec.  67.  Shall  Provide  Schools  for  Colored  Pupils.  White  and  colored 
pupils  shall  not  be  taught  in  the  same  school,  or  in  the  same  building,  but  it  shall 
be  the  duty  of  the  board  of  education  to  establish  one  free  school,  or  more  if 
necessary,  in  any  sub-district  wherein  there  are  ten  or  more  colored  persons  of 
school  age  and,  if  practicable,  in  any  district  wherein  there  are  fewer  than  ten. 
For  the  purpose  of  carrying  out  this  section  the  board  of  education  may  establish 
schools  composed  of  pupils  from  adjacent  districts  in  the  manner  provided  in 
section  fifty-nine*  of  this  chapter  for  white  pupils. 

Whenever,  in  any  school  district,  the  benefit  of  a  free  school  education  is  not 
secured  to  the  colored  children  of  school  age  residing  therein  in  the  manner 
mentioned  in  this  section,  the  funds  applicable  to  the  support  of  the  free  schools 
in  such  district  shall  be  divided  by  the  board  of  education  in  the  proportion  which 
the  number  of  colored  children  bear  to  the  number  of  white  children  therein, 
according  to  the  last  enumeration  made  for  school  purposes,  and  the  share  of  the 
former  shall  be  set  apart  for  the  education  of  colored  persons  of  school  age  in  such 
district,  and  be  applied  for  the  purpose  from  time  to  time  in  such  way  as  the 
board  of  education  may  deem  best.  Any  board  of  education  failing  to  comply 
with  this  section  may  be  compelled  to  do  so  by  mandamus. 

Sec.  68.  Other  Duties.  The  district  board  of  education  shall  exercise  such 
other  authority  and  perform  such  other  duties  as  may  be  prescribed  by  law  or  by 
the  regulations  of  the  state  board  of  education. 

Sec.  69.  Secretary  of  District  Board  of  Education— General  Duties. — 
The  district  board  of  education  at  its  first  meeting  to  be  held  on  the  first  Monday 
in  July  of  each  year,  shall  appoint  a  secretary  who  shall  not  be  a  member  of  the 
board,  and  who  shall,  before  entering  upon  the  discharge  of  his  duties,  take  the 
oath  prescribed  by  law,  and  shall  attend  all  meetings  of  the  board,  and  record 
their  official  proceedings  in  a  book  kept  for  that  purpose,  showing  the  number  of 
each  order  issued,  the  name  of  the  payee,  the  purpose  for  which  issued, 
and  the  amount  thereof,  which  record  shall  be  attested  by  his  signature 
and  the  signature  of  the  president  of  the  board.  He  shall  have  the 
care  and  custody  of  all  papers  belonging  to  the  board,  including  evidences 
of  title,  contracts  and  obligations  and  shall  preserve  the  same  in  his  office 
properly  arranged  for  reference;  and  he  shall  record  and  keep  on  file  in 
his  office  such  papers  and  documents  pertaining  to  the  business  of  the  board 
and  keep  such  accounts  and  prepare  and  certify  such  reports  and  writings  as  the 
law  may  require  or  the  board  direct,  all  of  which  records,  papers,  contracts,  docu- 
ments and  other  property  pertaining  to  his  office  shall  be  immediately  delivered 
in  proper  condition  to  his  successor  in  office.  Whenever  any  orders  are  drawn  on 
the  sheriff  or  school  treasurer,  the  secretary  shall  immediately  make  up  a  list  of 

*Refers  to  section  fifty-one. 


32  SCHOOL  LAW  OF  WEST  VIBGINIA 

•said  orders,  showing  the  number  of  each  order,  the  name  of  the  payee  and  the 
amount,  which  list  together  with  said  orders  shall  be  delivered  to  the  county 
financial  secretary  for  his  signature  and  proper  record.  Said  orders  shall  then 
be  delivered  by  the  county  financial  secretary  to  the  persons  entitled  to  the 
•same. 

Sec.  70.  Abstract  of  Proceeding.  The  secretary  of  the  board  of  education 
of  each  district  shall,  within  three  days  after  each  meeting  of  the  board  of  edu- 
cation, post  an  abstract  of  the  proceedings  thereof  at  the  front  door  of  the  place 
of  meeting,  and  within  ten  days  after  the  annual  settlement  with  the  sheriff  the 
secretary  of  the  board  of  education  of  each  district  and  independent  district  shall 
post  at  the  same  place  an  itemized  statement,  duly  sworn  to  by  the  president 
and  the  secretary  of  the  board,  showing  all  disbursements  by  the  board  of  edu- 
cation by  orders  drawn  on  the  sheriff,  or  otherwise,  within  the  school  year  preced- 
ing, from  the  teachers'  fund,  and  any  other  fund  from  which  disbursements  are 
made,  setting  forth  the  name  of  the  person  to  whom  and  the  purpose  for  which 
•each  order  was  issued. 

Sec.  71.  Administer  Oaths.  The  secretary  of  a  board  of  education  shall 
have  authority  to  administer  oaths  to  school  officers  and  to  teachers  or  others 
making  reports. 

Sec.  72.  Assessor's  Certificate.  The  assessor  shall  make  out  and  deliver 
to  the  secretary  of  the  board  of  education  of  each  district  and  independent  district 
in  his  county  on  or  before  the  second  Tuesday  in  August  in  each  year  a  certificate 
showing  the  aggregate  valuation  of  all  personal  property  and  real  estate  in  such 
district  or  independent  district,  and  to  the  county  superintendent  of  free  schools 
a  certificate  of  the  aggregate  valuations  of  such  property  in  the  county,  which 
•certificates  shall  serve  as  the  basis  for  the  school  levies  for  the  ensuing  year. 

Sec.  73.  Report  Rate  of  Levy.  Within  five  days  after  the  district  board  of 
education  has  laid  the  levy  for  the  building  fund  and  the  teachers'  fund  it  shall 
be  the  duty  of  the  secretary  to  report  the  rate  thereof  to  the  county  superin- 
tendent and  the  proper  assessor,  and  within  five  days  thereafter  it  shall  be  the 
duty  of  the  county  superintendent  to  report  the  rate  of  levy  for  the  various  funds 
to  the  clerk  of  the  county  court  and  the  county  assessor  and  the  rate  of  levy  for 
all  funds,  and  the  total  valuation  of  real  and  personal  property  in  each  district 
and  independent  district  to  the  state  superintendent  and  the  auditor;  and  it  shall 
thereupon  be  the  duty  of  the  proper  county  officer  to  extend  o,  the  personal 
property  book  and  on  the  land  book  the  amount  of  taxes  levied  as  aforesaid,  in 
•separate  columns,  headed  respectively,  building  fund,  and  teachers'  fund,  which 
taxes  the  sheriff  shall  collect  and  account  for  as  required  by  law. 

Sec.  74.  Penalty.  An^assessor,  clerk  of  the  county  court,  secretary  of  a 
board  of  education,  or  county  superintendent  who  fails  to  perform  the  duties 
required  of  him  by  sections  seventy-three  and  seventy-four*  of  this  act  shal  Ibe 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  twenty  dollars. 

Sec.  75.  Report.  From  the  reports  of  trustees,  the  teachers'  registers,  the 
annual  settlement  with  the  sheriff,  and  from  such  other  information  as  he  may 
be  able  to  obtain,  the  secretary  shall  make  a  tabular  report  to  the  county  super- 
intendent on  or  before  the  twentieth  day  of  July  annually,  showing  all  the  statistics 
and  other  facts  required  in  the  blanks  furnished  by  the  state  superintendent  and 
such  explanations  and  remarks  as  he  may  deem  pertinent. 

*Refers  to  section  seventy-two. 


SCHOOL  LAW  OF  WEST  VIRGINIA  33 

Sec.  76.  Salaries  of  Secretaries.  Secretaries  of  district  boards  of  educa- 
tion shall  receive  annually  as  compensation  for  their  services  the  following 
amounts :  In  districts  having  fewer  than  fifteen  schools  they  shall  receive  twenty- 
five  dollars;  in  districts  having  as  many  as  fifteen  but  fewer  than  twenty-five 
schools,  they  shall  receive  forty  dollars;  in  districts  having  as  many  as  twenty- 
five  but  fewer  than  fifty  schools,  they  shall  receive  seventy-five  dollars;  and  in 
districts  having  fifty  schools  or  more  they  shall  receive  one  hundred  dollars  and 
in  addition  two  dollars  for  each  school  over  fifty. 

Sec.  77.  Other  Duties.  The  secretary  of  the  district  board  of  education 
shall  exercise  such  other  authority  and  perform  such  other,  duties  as  may  be 
prescribed  by  law. 

DISTRICT  AND  COUNTY  HIGH  SCHOOLS 

Sec.  78.  District  High  Schools— How  Established.  If  the  board  of 
education  of  any  district,  or  independent  district,  deems  it  expedient  to  establish 
a  high  school  in  such  district,  it  shall  submit  the  question  to  the  voters  of  the 
district  at  a  general  or  special  election  in  the  manner  following,  that  is  to  say: 
The  board  shall  prepare  and  sign  a  notice  setting  forth  the  kind  of  school  proposed ; 
the  estimated  expense  of  establishing  the  same,  including  cost  of  site,  building, 
furniture,  books  and  apparatus  and  the  estimated  annual  expense  of  supporting 
the  school  after  it  is  in  operation,  with  such  other  information  concerning  it  as 
the  board  may  deem  proper;  and  stating  that  the  question  of  authorizing  the 
establishment  of  such  high  school  shall  be  submitted  to  the  voters  of  the  district 
at  the  election  specified  in  the  notice.  Such  election  shall  be  held  according  to 
the  provisions  of  section  one  h'undred  eighty-seven*  of  this  act.  The  ballots 
used  in  voting  on  the  question  of  establishing  a  district  high  school  shall  have 
printed  thereon  the  phrase  "For  district  high  school"  and  the  phrase  "Against, 
district  high  school."  If  it  is  found  by  the  results  of  such  election  that  a  majority 
of  the  voters  who  voted  on  the  question  are  in  favor  of  authorizing  the  establish- 
ment of  a  district  high  school,  the  board  of  education  of  the  district  shall,  at  the 
proper  time,  proceed  to  lay  the  necessary  levies  therefor,  as  provided  by  law,  and 
to  obtain  a  site  or  sites,  erect,  furnish,  and  equip  a  building  or  buildings  for 
high  school  purposes,  and  employ  the  necessary  teachers  therefor.  Every  dis- 
trict and  independent  district  high  school  which  may  be  established  under  the 
provisions  of  this  section,  and  every  district  and  independent  district  high  school 
lawfully  established  when  this  act  goes  into  effect,  shall  be  under  the  control 
and  management  of  the  board  of  education  of  the  district  or  independent  district 
in  which  such  high  school  is  located,  and  shall  be  supported  by  a  levy  laid  for  that 
purpose  by  such  board  of  education  according  to  law,  and  by  such  other  revenues 
as  may  be  in  the  high  school  fund  of  the  district. 

Sec.  79.  Joint  District  High  Schools.  The  boards  of  education  of  two  or 
more  contiguous  districts,  in  the  same  county,  may,  if  authorized  so  to  do  by  a 
vote  of  the  people  of  each  of  such  districts,  establish  and  maintain  jointly  a 
high  school  in  any  one  of  such  contiguous  districts.  The  building  or  buildings 
for  such  joint  high  school,  if  any  are  to  be  erected,  and  the  site  therefor,  shall 
be  owned  jointly  in  proportion  to  the  amount  contributed  by  the  districts  so 

*Refers  to  section  one  hundred  eighty-four. 


•  34  SCHOOL  LA.W  OF  WEST  VIRGINIA 

uniting.  The  boards  of  education  of  such  districts  shall  submit  the  question  to 
the  voters  of  the  respective  districts  at  a  general  or  special  election  in  the  manner 
required  by  section  one  hundred  eighty-seven*  0f  this  act. 

The  boards  of  education  of  the  districts  proposing  to  unite  shall  meet  and 
determine  the  location  of  the  proposed  school,  the  estimated  amount  to  be  con- 
tributed toward  the  establishment  and  yearly  maintenance  of  said  school  by  each 
district,  the  total  cost  thereof  to  be  apportioned  among  the  districts  uniting  on 
the  basis  of  their  respective  valuations  of  taxable  property,  which  agreement  shall 
be  reduced  to  writing  and  entered  of  record  in  the  minute  book  of  the  respective 
boards,  and  the  substance  of  which  shall  be  made  a  part  of  the  statement  to  the 
voters  as  hereinbefore  provided  for. 

The  control  and  management  of  said  joint  high  school,  after  the  same  is  estab- 
lished, is  hereby  vested  in  the  boards  of  jeducation  of  the  several  districts  so 
uniting  to  be  exercised  in  joint  session.  The  county  superintendent  of  schools 
shall  be  ex-officio  a  member  and  chairman  of  said  joint  session,  and  as  such  shall 
be  entitled  to  vote  and  participate  in  the  control  and  management  of  said  joint 
high  school.  There  is  hereby  conferred  upon  each  board  of  education  full  authority 
for  the  establishment  and  maintenance  of  such  joint  high  school,  the  election  to 
be  held  and  the  result  to  be  ascertained  as  provided  in  section  one  hundred 
eighty-seven*  of  this  act;  and  all  of  the  provisions  of  said  section,  so  far  as  the 
same  are  applicable,  are  made  applicable  to  the  establishment  and  maintenance 
of  such  joint  high  school,  except  that  a  majority  of  the  voters  of  each  district 
shall  be  sufficient  to  authorize  the  establishment  of  such  high  school. 

Said  boards  of  education,  in  joint  session  as  herein  provided,  may  authorize 
the  teaching  of  elementary  pupils  in  such  high  school  building,  upon  such  terms 
for  the  use  of  the  building  as  they  may  determine. 

Sec.  80.  Normal  Training  in  High  Schools— State  Aid.  Whenever  in 
the  judgment  of  any  county  high  school  board  or  of  any  district  or  independent 
'district  board  of  education  in  whose  district  a  high  school  is  maintained,  it  is 
advisable  to  provide  for  the  better  training  of  the  teachers  in  the  elementary 
schools  of  its  county  or  district,  such  county  high  school  board,  district  board 
of  education  or  independent  district  board  of  education  shall  have  the  authority 
to  establish  and  maintain  a  normal  training  department  in  connection  with  any 
high  school  under  its  control,  to  provide  necessary  rooms,  furniture,  equipment 
and  supplies,  and  to  employ  teachers  therefor. 

It  shall  be  the  duty  of  the  state  board  of  education  to  prescribe  a  course  of 
study  for  such  normal  training  department,  to  determine  the  number  and  quali- 
fications of  teachers  to  be  employed  therein,  and  to  establish  such  other  regula- 
tions and  requirements  for  their  conduct  as  they  may  deem  best;  and  when  a 
normal  training  department  has  been  established  in  any  high  school  in  accordance 
with  the  regulations  and  requirements  of  the  state  board  of  education  and  has 
been  approved  by  said  board,  such  high  school  shall  be  designated  and  known  as 
a  normal  training  high  school.  The  state  board  of  education  shall  on  or  before 
the  first  day  of  October  annually,  report  the  number  and  location  of  high  schools 
approved  by  it  as  normal  training  high  schools,  to  the  state  superintendent  of 
schools.  Normal  training  high  schools  so  approved  shall  be  entitled  to  receive, 
in  addition  to  the  state  aid  now  provided  by  law  for  classified  high  schools,  the 
sum  of  four  hundred  dollars  ($400.00)  annually,  the  same  to  be  paid  out  of  the 

*Refers  to  section  one  hundred  eighty-  our. 


SCHOOL  LAW  OF  WEST  VIRGINIA  35 

appropriation  for  classified  high  schools  at  the  time  and  in  the  manner  prescribed 
by  law  for  the  payment  of  state  aid  to  classified  high  schools,  and  to  be  used  for 
the  maintenance  of  normal  training  departments  of  such  high  schools  and  for  no 
other  purpose;  provided,  however,  that  not  more  than  ten  high  schools  in  the 
State  shall  receive  aid  as  normal  training  schools  at  one  time;  and  provided, 
further,  that  such  state  aid  shall  not  be  given  in  support  of  any  such  normal 
training  department  of  any  high  school  located  in  any  county  in  which  a  state 
normal  school  or  other  state  school  maintaining  such  normal  training  course  is 
located. 

Sec.  81.  Payment  of  High  School  Tuition.  It  shall  be  the  duty  of  the 
board  of  education  in  any  district  which  does  not  maintain  a  high  school  or  assist 
in  the  maintenance  of  a  county  high  school  to  pay  the  tuition  fees  of  all  pupils  in 
its  district  who  have  completed  the  course  of  study  in  the  elementary  schools 
and  who  attend  public  high  schools  in  other  districts  or  counties,  or  other  schools 
of  high  school  grade  within  the  state;  provided,  that  boards  of  education  shall 
not  pay  less  than  two  dollars  and  fifty  cents  ($2.50)  nor  more  than  five  dollars 
($5.00)  per  month  for  such  tuition  for  each  pupil  attending  such  high  school, 
or  other  school  of  high  school  grade;  provided,  further,  that  boards  of  education 
shall  not  be  required  to  pay  such  tuition  fees  for  any  pupil  for  more  than  four 
years. 

A  board  of  education  maintaining  a  high  school  having  courses  of  study  of  less 
than  four  years  shall  in  like  manner  pay  for  the  tuition  of  pupils  who  have  com- 
pleted a  course  in  such  school  and  who  desire  to  complete  a  four-year  course 
in  some  other  high  school,  or  other  school  of  high  school  grade,  offering  such 
course. 

Fees  for  the  tuition  of  high  school  pupils  shall  be  paid  out  of  the  teachers' 
fund  of  the  district  upon  the  presentation  of  a  certificate  giving  the  names  of  the 
pupils  for  whom  tuition  fees  are  due  and  the  number  of  months  each  was  in 
attendance,  said  certificate  to  be  signed  by  the  president  of  the  board  of  edu- 
cation or  other  board  controlling  the  high  school  or  other  school  in  which  tuition 
pupils  were  in  attendance  and  by  the  principal  of  the  school. 

Sec.  82.  Classification  of  High  Schools — State  Aid.  (a)  The  high  schools 
of  this  State  shall  be  divided  into  three  classes  as  follows: 

High  schools  of  the  first  class  shall  include  all  high  schools  offering  courses  of 
study  covering  four  years  of  not  less  than  thirty-six  weeks  each  and  employing 
not  fewer  than  three  thoroughly  qualified  high  school  teachers  who  devote  all  of 
their  time  to  the  teaching  of  high  school  subjects. 

High  schools  of  the  second  class  shall  include  all  high  schools  offering  courses 
of  study  covering  three  years  of  not  less  than  thirty-six  weeks  each  and  employing 
not  fewer  than  two  thoroughly  qualified  high  school  teachers  who  devote  all  of 
their  time  to  the  teaching  of  high  school  subjects. 

High  schools  of  the  third  class  shall  include  all  high  schools  offering  courses  of 
study  covering  two  years  of  not  less  than  thirty-six  weeks  each  and  employing 
at  least  one  thoroughly  qualified  high  school  teacher  who  devotes  all  of  his  time 
to  the  teaching  of  high  school  subjects. 

(b)  It  shall  be  the  duty  of  the^State  Superintendent  of  School  to  classify  all 
of  the  high  schools  of  the  state  in  accordance  with  the  provisions  of  division  (a) 
of  this  section. 

(c)  To  assist  in  the  maintenance  of  all  such  high  schools  as  have  been  properly 


36  SCHOOL  LAW  OF  WEST  VIRGINIA 

classified  according  to  the  provisions  of  division  (a)  of  this  section  and  have 
complied  with  all  the  requirements  thereof,  the  following  amounts  from  appro- 
priations to  be  made  for  that  purpose  shall  be  paid  annually  "out  of  the  state 
fund. 

To  each  high  school  of  the  first  class,  $800.00;  to  each  high  school  of  the 
second  class,  §600.00;  and  to  each  high  school  of  the  third  class,  $400.00. 

(d)  The  state  superintendent  of  schools  shall  not  later  than  the  first  day  of 
December,  annually,  notify  the  county  superintendent  of  schools  of  each  county 
as  to  the  amount  due  under  the  provisions  of  this  section  to  each  of  the  classified 
high  schools  in  his  county.  The  county  superintendent  shall  issue  his  warrants 
upon  the  auditor,  payable  to  the  order  of  the  sheriff  of  his  county,  for  the  amount 
due  each  school  which  shall  be  paid  in  two  equal  installments,  payable  on  the 
first  day  of  December  and  the  first  day  of  April. 

Sec.  83.  District  and  County  Boards  May  Erect  Dormitories  for  High 
Schools.  In  any  district  or  county  maintaining  a  high  school,  the  board  of 
education  may  erect,  purchase,  or  lease  a  building  to  be  used  as  a  dormitory  for 
the  accommodation  of  pupils  wishing  to  attend  the  high  school  and  of  persons 
employed  to  tar.cn  therein,  and  may  furnish  and  equip  the  same  from  the  high 
school  funds  of  the  district  or  county.  Said  board  shall  place  a  reputable  and 
responsible  person  or  persons  in  charge  of  such  dormitory  to  conduct  the  same 
and  furnish  meals  and  lodging  to  pupils  and  teachers  resident  therein,  and  shall 
determine  the  rate  that  shall  be  charged  pupils  and  teachers  for  such  accommo- 
dations. The  person  or  persons  placed  in  charge  of  such  dormitory  shall  be  re- 
quired to  give  bond  in  the  sum  of  one  thousand  dollars  ($1,000.00)  for  the  proper 
care  and  use  of  the  dormitory  and  its  equipment  and  supplies. 

Sec.  84.  High  School  May  Be  Discontinued.  Any  district  high  school 
shall  be  discontinued  at  the  end  of  any  year  upon  the  petition  in  writing  of  at 
least  seventy-five  per  cent  of  the  taxpayers  of  the  district. 

Sec.  85.  Junior  High  Schools.  County  boards  of  education  and  boards  of 
education  of  school  districts  and  independent  school  districts  shall  have  the 
_  authority  to  organize  intermediate  schools,  or  junior  high  schools,  in  connection 
with  any  or  all  schools  under  their  control.  Such  schools  may  be  organized  as  a 
part  of  a  six-three-three  plan  of  school  organization  or  of  any  other  plan  recom- 
mended by  the  state  board  of  education.  It  shall  be  the  duty  of  the  state  board 
of  education  to  prescribe  courses  of  study  for  such  intermediate  or  junior  high 
schools,  to  prescribe  requirements  for  teachers  employed  in  the  same,  and  to 
establish  any  other  regulations  for  such  schools  that  may  seem  to  the  board 
advisable. 

TEACHERS 

Sec.  86.  Contracts.  Before  entering  upon  their  duties  all  teachers,  prin- 
cipals, and  assistants  shall  execute  a  contract  with  their  boards  of  education,  01 
trustees  as  the  case  may  be,  which  contract  shall  state  the  duration  of  time  of 
such  employment  and  the  salary  to  be  paid,  a*nd  shall  be  in  the  form  prescribed 
by  the  state  superintendent  of  schools.  Every  such  contract  shall  be  signed  by 
the  teacher  and  by  the  president  and  the  secretary  of  the  board  of  education, 
and  when  so  signed  said  contract  shall  be  filed  together  with  the  certificate  of  the 


SCHOOL  LAW  or  WEST  VIRGINIA  37 

teacher,  by  the  secretary  in  the  office  of  the  board.  A  violation  of  such  contract 
shall  subject  the  teacher  to  the  penalties  prescribed  in  section  fifty-eight*  of  this 
act. 

Sec.  87.  Teacher's  Authority.  The  teacher  shall  stand  in  the  place  of  the 
parent  or  guardian  in  exercising  authority  over  the  school  and  shall  have  control 
of  air  the  children  enrolled  in  the  school  from  the  time  they  reach  the  school 
until  they  have  returned  to  their  respective  homes,  except  that  where  transporta- 
tion of  pupils  by  wagon,  autobuss,  or  other  conveyance  is  provided,  the  driver 
in  charge  of  such  conveyance  shall  exercise  such  authority  and  control  over  the 
children  while  they  are  in  transit  to  and  from  the  school.  Subject  to  the  rules  of 
the  state  board  of  education,  the  teacher  of  the  school,  or  the  principal  of  a  graded 
or  high  school,  shall  exclude  from  the  school  any  pupil  or  pupils  known  to  have,  or 
suspected  of  having,  any  contagious  or  infectious  disease,  or  any  pupil  or  pupils 
who  have  been  exposed  to  such  disease,  and  shall  immediately  notify  the  proper 
health  officer,  or  medical  inspector,  of  such  exclusion;  and  any  pupil  so  excluded 
shall  not  be  re-admitted  to  the  school  by  the  teacher  or  principal  thereof  until 
such  pupil  has  complied  with  all  the  requirements  of  said  rules  governing  such 
cases,  or  has  presented  a  certificate  of  health  signed  by  the  medical  inspector  or 
other  proper  health  officer. 

The  teacher  shall  also  have  authority,  under  the  rules  and  regulations  of  the 
state  board  of  education,  to  suspend  any  pupil  guilty  of  disorderly,  refractory, 
indecent,  or  immoral  conduct,  and  the  district  board  of  education  may  expel  or 
exclude  any  such  pupil  if,  on  investigation,  the  conduct  of  such  pupil  is  found  to 
be  detrimental  to  the  progress  and  the  general  conduct  of  the  school. 

Sec.  88.  Teachers  Exempt  from  Serving  on  Juries.  No  teacher,  super- 
intendent, supervisor,  principal,  or  other  person  actively  engaged  in  school 
work  in  this  State  shall  be  required  to  serve  on  any  jury  during  the  period  of  tys 
contract  with  a  board  of  education. 

Sec.  89.  Records  and  Reports.  Every  teacher,  principal,  supervisor, 
or  other  person  employed  by  a  district  or  independent  district  board  of  education 
shall  keep  such  records  and  shall  make  such  reports  as  may  be  required  by  the 
state  superintendent  of  schools  and  such  records  shall  be  kept  and  such  reports 
shall  be  made  according  to  the  forms  and  blanks  prescribed  and  furnished  by 
said  state  superintendent.  Teachers  shall  also  keep  such  other  records  and 
make  such  other  reports  as  may  be  required  by  the  board  of  education  employing 
them. 

Sec.  90.  Payment  of  Teachers.  All  teachers  and  other  employees  of  a 
board  of  education,  or  trustees  as  the  case  may  be,  whose  salaries  are  payable 
out  of  the  teachers'  fund,  shall  be  paid  for  their  services  monthly  by  orders 
drawn  upon  the  sheriff  or  treasurer,  duly  signed  by  the  president  and  secretary 
of  the  board  and  countersigned  by  the  county  financial  secretary;  provided, 
that  if  the  secretary  of  the  district  board  of  education  be  a  teacher,  the  order  for 
his  salary  shall  be  signed  by  the  president  and  one  of  the  school  commissioners  of 
the  board;  and  provided,  further,  that  the  board  may  withhold  the  monthly 
salary  of  any  teacher  or  other  employee  until  he  has  first  made  such  report  or 
reports  as  may  be  required  by  the  state  superintendent  of  schools,  and  no  teacher 
shall  receive  his  salary  for  the  last  month  of  the  term  of  his  contract  with  the 
board  of  education  until  he  has  first  presented  to  the  secretary  of  the  board  in 
correct  form  all  reports  required  by  law. 

*Refers  to  section  fifty-seven. 


38  SCHOOL  LAW  OF  WEST  VIBGINIA 

Sec.  91.  Enumeration.  The  teacher  or  teachers  in  each  sub-district  shall 
annually  before  the  close  of  the  school  or  schools  therein,  and  not  later  than 
the  first  day  of  April,  take  and  report  an  enumeration  of  all  the  youth  residing 
in  the  sub-district  who  will  be  between  the  ages  of  six  and  twenty-one  on  the 
first  day  of  July,  following,  distinguishing  between  males  and  females,  and 
between  white  and  colored. 

Sec.  92.  How  Enumeration  Shall  be  Taken  and  Reported.  The  enumer- 
ation shall  be  taken  and  reported  in  separate  classes,  as  follows: 

(1)  All  youth  who  on  the  first  day  of  July  following  will  not  be  less  than  six 
nor  more  than  twenty  years  of  age; 

(2)  All  youth  who  on  said  date  will  be  not  less  than  six  nor  more  than  sixteen 
years  of  age;  and 

(3)  All  youth  who  on  said  date  will  not  be  less  than  seven  nor  more  than 
fourteen  years  of  age. 

(4)  All  youth  over  fourteen  and  under  sixteen  years  of  age. 

The  report  of  enumeration  shall  be  verified  by  the  affidavit  of  the  person  who 
made  it  to  the  effect  that  he  used  all  means  in  his  power  to  make  it;  and  that 
he  believes  it  to  be  correct.  He  shall  deliver  such  report  to  the  secretary  of  the 
board  of  education  with  the  term  report  of  the  school  or  not  later  than  the  first 
day  of  April,  and,  unless  such  enumeration  be  properly  taken  and  reported  by 
the  teacher  within  the  time  required  herein,  the  secretary  shall  deduct  from  the 
last  month's  salary  of  such  teacher  such  amount  as  may  be  necessary  to  defray 
the  expenses  of  taking  said  enumeration  as  hereinafter  provided  for. 

Sec.  93.  Secretary  to  Have  Enumeration  Taken.  When  the  report 
of  such  enumeration  for  any  sub-district  is  not  received  by  the  secretary  of  the 
board  on  or  before  the  first  day  of  April  in  any  year,  it  shall  be  his  duty  forthwith 
to  employ  a  competent  person  to  take  and  report  the  same  as  aforesaid.  The 
person  taking  and  reporting  such  enumeration  shall  receive  reasonable  compen- 
sation for  the  time  actually  and  necessarily  spent  in  taking  and  reporting  such 
enumeration,  by  an  order  of  the  board  on  the  sheriff,  the  same  to  be  paid  out  of  the 
teachers'  fund  of  the  district. 

Sec.  94.  Record  and  Report  of  Enumeration.  The  secretary  of  the 
district  board  of  education  shall  keep  in  his  office  a  record  of  the  enumeration  of 
youth  so  taken,  and  shall  annually,  on  or  before  the  fifteenth  day  of  April,  transmit 
a  summary  of  such  enumeration  to  the  county  superintendent  of  schools,  who 
not  later  than  the  first  day  of  May  shall  forward  to  the  state  superintendent  of 
schools  a  summary  by  districts  and  independent  districts  of  the  enumeration  so 
taken  and  reported  in  his  county. 

Sec.  95.  Other  Duties.  Teachers  shall  exercise  such  other  authority  and 
perform  such  other  duties  as  may  be  prescribed  for  them  by  law  or  by  the  rules 
of  the  state  board  of  education. 

EXAMINATIONS  AND  CERTIFICATE 

Sec.  96.     Certificates  Required  of  all  Teachers — Minimum  Age.     No 

person  shall  be  employed  to  teach  in  the  free  schools  of  this  State  or  receive  for 
teaching  any  part  of  any  free  school  fund  who  does  not  at  the  time  he  enters  upon 
his  duties  hold  a  valid  teacher's  certificate,  covering  the  period  of  his  employ- 
ment; and  under  no  circumstances  shall  a  certificate  to  teach  be  granted  to  any 
person  who  is  not  of  good  moral  character  and  physically  and  mentally  qualified 


SCHOOL  LAW  OP  WEST  VIBGINIA  S9 

to  perform  the  duties  of  a  teacher  and  who  shall  not  have  attained  the  age  of 
eighteen  years  on  or  before  the  first  day  of  October  of  the  year'in  which  his 
certificate  is  issued. 

Sec.  97.  Time  and  Place  of  Holding  Examinations.  The  general  regu- 
lation, direction  and  control  of  all  matters  relating  to  the  examination  of  appli- 
cants for  teachers'  certificates,  including  the  preparation  of  questions,  the  grading 
of  manuscripts,  the  granting  and  issuing  of  certificates,  and  all  other  powers 
necessary  for  the  proper  examination  of  applicants  for  teachers'  certificates  shall 
hereafter  be  vested  in  the  state  superintendent  of  free  schools,  who  shall  designate 
the  time  for  holding  examinations  simultaneously  in  all  the  counties  of  the  State, 
at  such  places  and  in  suc^  buildings  as  the  county  superintendent  shall  designate, 
subject  to  the  approval  of  the  state  superintendent. 

Sec.  98.  Expenses.  For  the  preparation  and  printing  of  questions,  for 
the  grading  of  manuscripts,  for  postage  and  express  charges,  for  the  additional 
clerical  work  necessary,  the  state  superintendent  of  schools  shall  be  allowed  an- 
nually an  amount  to  be  recommended  by  him,  which  amount  shall  be  set  apart 
and  appropriated  by  the  Legislature  from  the  general  school  fund  for  such  purpose. 

Sec.  99.  Assistants.  The  county  superintendent  shall  conduct  all  examina- 
tions as  directed  by  the  state  superintendent,  and  shall  have  authority  to  appoint 
one  or  more  qualified  persons  to  assist  him  when  necessary  to  the  proper  conduct 
of  the  examination,  who  shall  receive  four  dollars  ($4.00)  a  day  for  not  more 
than  two  days  in  helping  conduct  such  examination,  and  shall  be  approved  in 
advance  of  their  appointment  by  the  state  superintendent.  But  nothing  herein 
contained  shall  prevent  the  state  superintendent  from  sending  a  competent 
person  to  supervise  such  examinations  if  he  deem  it  expedient  to  do  so. 

Sec.  100.  Fees.  Each  applicant  at  the  time  of* enrollment  for  any  examina- 
tion, or  for  the  renewal  of  a  certificate  shall  pay  to  the  county  superintendent  a 
fee  of  one  dollar.  Out  of  the  aggregate  of  all  fees  collected  by  the  county  super- 
intendent he  shall  pay  his  assistants  and  other  legitimate  expenses  of  conducting 
such  examination.  Within  ten  days  after  each  examination,  the  county  super- 
intendent shall  make  and  transmit  to  the  auditor  of  the  State  a  detailed  and 
certified  report  of  the  number  of  applicants  for  certificates,  the  amount  of  fees 
collected  by  him,  the  amount  paid  out  for  expenses,  and  the  balance  remaining, 
which  balance  shall  be  transmitted  with  the  report,  to  be  placed  by  the  auditor 
to  the  credit  of  the  general  school  fund.  At  the  same  time,  he  shall  transmit  to 
the  state  superintendent  of  schools  a  duplicate  of  the  report  made  to  the  auditor, 
together  with  receipts  for  all  money  paid  for  expenses. 

All  applicants  for  certificates  upon  graduation  or  other  credentials  shall  pay  a 
fee  of  one  dollar  to  the  state  superintendent  of  schools,  who  shall  transmit  the 
same  to  the  auditor  of  the  State  to  be  credited  to  the  general  school  fund. 

Sec.  101.  Transmitting  Questions  and  Manuscripts.  The  state  super- 
intendent of  schools  shall  provide  for  the  preparation  of  questions  for  said  examina- 
tions and  for  their  transmission  in  securely  sealed  packages' to  the  county  super- 
intendent of  each  county.  The  county  superintendent  shall  open  the  packages 
of  questions  in  the  presence  of  his  assistants  and  the  assembled  applicants,  and 
shall  conduct  such  examinations  in  the  manner  prescribed  by  the  state  super- 
intendent. At  the  conclusion  of  the  examination,  the  county  superintendent 
shall  forward  the  manuscripts  in  securely  sealed  packages  to  the  state  super- 
intendent, together  with  such  information,  statements  or  affidavits  as  the  state 


40  SCHOOL  LAW  OF  WEST  VIBGINIA 

superintendent  may  require.  No  person  who  is  known  to  be  of  immoral  char- 
acter, or  to  be  addicted  to  drunkenness,  or  who  shall  not  have  attained  the  age 
of  eighteen  years  on  or  before  the  first  day  of  October  of  the  year  in  which  said 
examination  is  held,  shall  be  admitted  to  said  examination. 

Sec.  102.  Grading  of  Manuscripts.  Within  a  reasonable  time  after  the 
receipt  of  the  aforesaid  manuscripts,  it  shall  be  the  duty  of  the  state  superin- 
tendent to  have  them  examined  and  graded  by  competent  persons  who  are 
actively  engaged  in  school  work,  such  persons  to  be  appointed  by  him  for  this 
purpose,  and  to  issue  certificates  based  thereon;  provided,  that  not  more  than 
one  certificate  of  the  same  kind  and  grade  shall  be  issued  to  an  applicant  in  any 
school  year;  but  the  state  superintendent  shall  forward  to  each  applicant  taking 
more  than  one  examination  in  the  same  year,  a  statement  of  the  grades  made  by 
him  in  each  examination  taken;  and  in  making  up  his  certificate  the  applicant 
shall  be  given  the  benefit  of  his  highest  grade  in  each  subject.  Such  certificate 
when  so  issued  shall  be  forwarded  by  the  state  superintendent  to  the  proper  county 
superintendent,  who  shall  countersign  it  and  deliver  it  to  the  person  entitled 
thereto;  provided,  that  the  state  superintendent  of  schools  may  refuse  to  issue 
a  certificate  to  any  applicant  whom  he  believes  to  have  been  guilty  of  giving  or 
receiving  assistance  in  the  preparation  of  any  manuscripts  or  of  any  other  act 
which  would  warrant  or  justify  the  revocation  of  such  certificate. 

The  state  superintendent  and  each  county  superintendent  shall  keep  a  record 
of  all  certificates  issued,  showing  the  kind  and  grade  of  each  certificate  and  the 
date  of  issue  thereof;  and  the  state  superintendent  and  each  county  superin- 
tendent, upon  vacating  his  office  shall  deliver  said  record  to  his  successor. 

Sec.  103.  Misdemeanor.  If  any  person  intentionally  opens  or  attempts  to 
open  a  package  containing  Questions  for  an  examination  before  the  time  fixed 
by  the  state  superintendent  of  schools  for  the  distribution  of  such  questions,  or 
has  any  of  the  questions  in  his  possession  without  authority  of  law  or  in  any  way 
makes  any  change,  alteration  or  erasure  in  any  manuscript  after  it  has  been 
submitted  to  those  in  charge  of  the  examination,  or  makes  any  fraudulent  sub- 
stitution for  any  manuscript  during  or  after  the  examination,  or  passes  or  at- 
tempts to  pass  any  such  examination  under  an  assumed  name,  or  intentionally 
and  fraudulently  gives  or  receives  aid  in  passing  an  examination,  he  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  dollars  ($25.00)  and  confined  in  jail  not  less  than  thirty  days.  If 
any  county  superintendent  or  examination  assistant  wilfully  violates  any  of  the 
official  instructions  issued  by  the  state  superintendent  for  the  conduct  of  examina- 
tions, he  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  twenty-five  dollars  ($25.00)  and  may  be  confined  in  jail  not 
less  than  ten  nor  more  than  thirty  days,  and  such  conviction  shall  vacate  his 
office. 

Sec.  104.  Elementary  Certificates.  Subject  to  all  the  conditions  set  forth 
in  this  section,  first  grade  elementary  certificates  valid  for  a  period  of  five  years 
shall  be  issued  to  all  applicants  who  are  otherwise  qualified  and  who  attain  a 
general  average  of  ninety  per  cent,  with  no  subject  below  seventy-five  per  cent; 
second  grade  elementary  certificates  valid  for  a  period  of  three  years,  shall  be 
issued  to  applicants  who  are  otherwise  qualified  and  who  attain  a  general  average 
of  eighty  per  cent,  with  no  subject  below  sixty-eight  per  cent;  and  third  grade 
elementary  certificates  valid  for  one  year  shall  be  issued  to  applicants  who  are 


SCHOOL  LAW  OF  WEST  VIRGINIA 


otherwise  qualified  and  who  attain  a  general  average  of  seventy  per  cent,  with 
no  subject  below  sixty  per  cent;  provided,  that  the  third  grade  certificate 
shall  not  be  issued  more  than  twice  to  the  same  person. 

The  subjects  in  which  applicants  for  said  certificates  shall  be  examined,  or 
otherwise  qualified  according  to  law,  shall  be  reading,  spelling,  writing,  English 
grammar  and  language,  arithmetic,  physiology  and  hygiene,  United  States  and 
West  Virginia  history,  general  and  West  Virginia  geography,  civil  government, 
theory  and  art  of  teaching,  elementary  agriculture,  and  such  other  subjects  as 
the  state  board  of  education  shall  from  time  to  time  prescribe. 

It  is  provided,  however,  that  on  and  after  the  first  day  of  July,  one  thousand 
nine  hundred  and  twenty-two,  no  person  shall  receive  a  first  grade  elementary 
certificate,  who  cannot  satisfy,  by  certificate  of  credit  or  otherwise,  the  following 
conditions  as  to  academic  and  professional  attainments  acquired  by  study  in  high 
schools  and  in  normal  schools,  or  in  other  schools  of  the  same  or  higher  grade, 
for  the  periods  as  indicated  below;  that  is  to  say: 

(1)  From  the  first  day  of  July,  one  thousand  nine  hundred  and  twenty-two, 
to  the  thirtieth  day  of  June,  one  thousand  nine  hundred  and  twenty-four,  appli- 
cants for  first  grade  certificates  shall  have  had  at  least  one  year  of  high  school 
work  and  in  addition  thereto  nine  weeks'  study  of  professional  subjects. 

(2)  From  the  first  day  of  July,  one  thousand  nine  hundred  and  twenty-four, 
to  the  thirtieth  day  of  June,  one  thousand  nine  hundred  and  twenty-six,  appli- 
cants for  the  first  grade  certificates  shall  have  had  at  least  two  years  of  high 
school  work  and  in  addition  thereto,  eighteen  weeks'  study  of  professional  subjects. 

(3)  From  the  first  day  of  July,  one  thousand  nine  hundred  and  twenty-four, 
to  the  thirtieth  day  of  June,  one  thousand  nine  hundred  and  twenty-six,  appli- 
cants for  the  first  grade  certificates  shall  have  had  at  least  three  years  of  high 
school  work  and  in  addition  thereto  twenty-seven  weeks'  study  of  professional 
subjects. 

After  the  first  day  of  July,  one  thousand  nine  hundred  and  twenty-six,  the 
state  board  of  education  may  at  its  discretion  prescribe  additional  requirements 
for  the  granting  of  teachers'  certificates. 

The  state  superintendent  of  schools  shall  have  authority  to  issue  normal 
school  certificates  valid  for  five  years,  to  graduates  in  the  diploma  course  of  any 
state  normal  school,  or  other  schools  approved  for  the  offering  of  this  course,  to 
graduates  in  the  diploma  course  of  the  Bluefield  colored  institute  and  of  the 
West  Virginia  collegiate  institute  and  to  persons  who  have  completed  a  normal 
course  of  study  in  any  school  of  another  state,  which  in  the  judgment  of  the 
state  board  of  education,  is  equivalent  in  all  respects  to  the  diploma  course  of 
study  in  the  state  normal  schools  of  this  State. 

Until  the  first  day  of  July,  one  thousand  nine  hundred  and  twenty-two,  first 
grade  elementary  certificates  shall  be  valid  in  all  the  schools  of  the  State,  and 
thereafter  they  shall  be  valid  in  elementary  schools  and  junior  high  schools. 
Second  grade  and  third  grade  elementary  certificates  shall  be  valid  in  all  the 
grades  of  the  elementary  schools,  provided,  that  no  person  shall  be  employed 
as  principal  of  any  school  of  two  or  more  rooms  in  the  same  building  who  does  not 
hold  a  first  grade  certificate  or  its  equivalent. 

Sec.  105.  High  School  Certificates.  High  school  certificates  valid  for  a 
period  of  five  years  shall  be  issued  by  the  state  superintendent  of  schools  to 
applicants  who  have  passed  a  satisfactory  examination  upon  ten  subjects  to  be 
designated  by  the  state  board  of  education. 


42  SCHOOL  I<AW  OF  WEST  VIBGINIA 

The  state  superintendent  of  schools  shall  have  authority  to  issue  the  high 
school  certificate  valid  for  five  years,  upon  application  in  due  form,  to  graduates 
of  the  West  Virginia  University,  and  to  graduates  of  other  approved  colleges  and 
universities,  in  this  and  other  States;  provided,  that  the  collegiate  courses  of 
instruction  completed  by  such  graduates  have  included  not  less  than  twenty 
semester  hours  in  professional  subjects  and,  provided,  further,  that  each  high 
school  certificate  issued  under  the  provisions  of  this  act  shall  show  the  subject 
or  subjects  the  holder  thereof  is  especially  qualified  to  teach. 

High  school  certificates  shall  be  valid  in  all  high  schools  and  elementary  schools 
in  the  State;  and  after  the  first  day  of  July,  one  thousand  nine  hundred  and 
twenty-two,  they  shall  be  required  in  all  classified  high  schools. 

Sec.  106.  Supervisor's  Certificates.  Supervisor's  certificates  valid  for 
a  period  of  five  years  shall  be  issued  by  the  state  superintendent  of  schools  to 
applicants  who  have  taught  not  less  than  two  years  on  a  first  grade  certificate, 
or  who  have  had  other  experience  which  the  state  board  of  education  regards  as 
equivalent  to  two  years  of  teaching,  and  who  have  passed  a  satisfactory  examina- 
tion upon  such  subjects  as  shall  be  designated  by  the  state  board  of  education. 

The  state  superintendent  of  schools  shall  have  authority  to  issue  the  super- 
visor's certificate  valid  for  five  years,  up^n  application  in  due  form,  to  graduates 
of  the  West  Virginia  University,  or  other  approved  universities  or  colleges  and  to 
graduates  of  the  state  normal  schools  or  other  institutions  approved  by  the  state 
board  of  education  for  the  offering  of  the  diploma  normal  course;  provided, 
the  course  of  instruction  completed  by  such  graduates  shall  have  included  not 
less  than  twenty  semester  hours  in  professional  subjects,  five  semester  hours 
of  which  shall  have  been  in  the  subject  of  school  supervision.  Supervisors' 
certificates  shall  be  valid  in  all  the  schools  of  the  State. 

Sec.  107.  Short  Course  Certificate.  The  state  superintendent  of  schools 
shall  have  authority,  upon  application  in  due  form,  to  issue  without  examination 
the  short  course  certificates,  valid  for  a  period  of  three  years,  to  persons  who 
are  otherwise  qualified  and  who  have  completed  the  short  course  in  any  of  the 
state  normal  schools  or  other  schools  approved  by  the  state  board  of  education 
for  the  offering  of  this  course,  the  short  course  in  the  West  Virginia  Collegiate 
institute  and  the  Bluefield  colored  institute,  the  normal  training  course  in  high 
schools  that  have  been  approved  by  the  state  board  of  education. 

Such  short  course  certificates  shall  be  valid  in  the  elementary  and  junior 
high  schools  in  the  State,  and  in  the  payment  of  salaries  shall  be  considered  as 
first  grade  certificates. 

Sec.  108.  Special  Certificates.  The  state  superintendent  of  free  schools 
shall  have  authority,  upon  the  recommendation  of  the  state  board  of  education, 
to  issue  special  certificates  to  librarians,  kindergarten  teachers,  primary  teachers, 
and  special  teachers'  and  supervisors  of  music,  drawing,  physical  training,  home 
economics,  manual  training,  agriculture,  and  other  vocational  subjects,  and  such 
other  subjects  as  the  needs  of  the  schools  may  require. 

Special  certificates  may  be  issued  upon  examination  or  upon  the  satisfactory 
completion  by  the  applicants  therefor,  of  such  courses  of  study  as  may  be  approved 
by  the  state  board  of  education  for  the  issuance  of  such  certificates. 

Special  certificates  shall  be  valid  throughout  the  State  for  the  teaching  or  for 
the  supervising  of  the  special  subjects  to  be  designated  on  such  certificates. 

Sec.  109.    Emergency  Certificates.    Emergency  certificates  may  be  -issued 


SCHOOL  LAW  OF  WEST  VIRGINIA  43 

by  the  state  superintendent  of  schools  in  accordance  with  rules  and  regulations 
made  therefor  by  the  state  board  of  education.  Such  certificates  shall  not  be 
issued  more  than  once  to  the  same  person,  they  shall  be  valid  only  in  the  county 
designated  in  the  certificate,  and  they  shall  not  be  valid  after  the  thirtieth  day 
of  June  following  the  date  of  their  issue.  The  grade  of  any  such  certificate  shall 
be  determined  by  the  state  superintendent  of  schools  and  the  same  shall  be 
indicated  on  the  face  of  the  certificate. 

Sec.  110.  Credit  for  Grades  Made  in  School.  Nothing  hereinbefore  con- 
tained shall  prevent  the  state  superintendent  of  schools  from  accepting  in  lieu 
of  an  examination  in  any  subject  or  subjects  required  for  the  granting  of  any 
certificate  herein  provided  for,  a  satisfactory  grade  or  grades  made  by  the  appli- 
cant in  such  subject  or  subjects  in  an  approved  college,  normal  school,  or  first 
class  high  school;  provided,  that  such  grade  or  grades  have  been  given  by  such 
college,  normal  school  or  first  class  high  school  upon  the  satisfactory  completion 
of  not  less  than  one  year's  work  or  the  equivalent  thereof,  in  each  subject  in  which 
such  substitution  of  grade  is  sought. 

All  certificates  issued  for  a  period  of  five  years  or  longer,  shall  be  considered 
first  grade  certificates  as  to  renewal  and  payment  of  salaries. 

Sec.  111.  Renewal  of  Certificates.  All  first  grade  certificates,  normal 
school  certificates,  high  school  certificates,  supervisors'  certificates  and  special 
certificates,  issued  after  July  first,  one  thousand  nine  hundred  and  twenty-two, 
shall  upon  their  expiration  or  within  the  year  immediately  following,  be  renewable 
for  five  year  periods;  provided,  that  the  holders  thereof  shall  have  been  actively 
engaged  in  educational  work  for  not  less  than  three  years  of  each  five  year  period, 
and  shall  pass  an  examination  on  two  reading  circle  books  for  the  first  renewal, 
and  be  recommended  for  such  renewal  by  the  county  superintendent  of  schools 
of  the  county  where  the  certificate  was  issued,  or  where  the  teacher  holding 
such  certificate  has  taught,  without  additional  requirements  whatever. 

At  the  termination  of  the  first  renewal  period  of  all  first  grade  certificates 
issued  after  one  thousand  nine  hundred  and-twenty-two,  the  holder  thereof  shall 
be  granted  a  renewal  for  the  period  of  five  years  upon  the  condition  that  he  has 
taught  three  years  of  the  five  year  period  or  been  actively  engaged  in  school  work, 
and  is  recommended  for  renewal  by  the  county  superintendent  of  the  county  where 
he  resides  or  has  been  teaching. 

At  the  end  of  the  second  renewal  period,  the  holder  of  any  certificate  of  the 
first  grade,  issued  after  one  thousand  nine  hundred  and  twenty-two,  shall  receive 
a  similar  certificate  valid  for  life,  if  he  has  taught  or  been  otherwise  actively 
engaged  in  school  work  within  the  life  of  the  certificate,  for  a  period  equal  to  the 
period  of  service  required  for  second  renewal,  and  no  other  requirements  shall 
be  imposed  upon  him.  Provided,  however,  that  the  holders  of  certificates  of 
the  first  grade  which  have  been  issued,  or  which  shall  be  issued  prior  to  July 
first,  one  thousand  nine  hundred  and  twenty- two,  shall  be  renewable  as  follows: 

First  renewal  on  condition  that  the  holder  has  taught  or  been  actively  engaged 
in  school  work  for  three  years  during  the  preceding  five  year  period  and  is  recom- 
mended for  such  renewal  by  the  county  superintendent  where  he  resides  or  has 
been  teaching.  At  the  end  of  the  first  renewal  period  it  shall  be  renewed  on 
recommendation  of  county  superintendent  and  passing  an  examination  on  two 
books  of  the  reading  circle  course. 

At  the  end  of  the  second  renewal  period  the  holder  of  any  certificate  of  the 


44  SCHOOL  LAW  OF  WEST  VIRGINIA 

rank  of  first  grade  shall  be  issued  a  similar  certificate  valid  for  life,  if  he  has  taught 
or  been  otherwise  actively  engaged  in  school  work  for  three  years  during  the  life 
of  the  certificate,  and  is  recommended  for  such  renewal  by  the  county  superin- 
tendent of  his  county.  No  other  conditions  of  any  kind  shall  be  required  of  the 
applicant  for  said  renewals.  (See  additional  provisions,  p.  77.) 

Sec.  112.  Revocation  of  Certificates.  The  state  superintendent  may, 
after  ten  days'  notice  and  upon  proper  evidence,  revoke  the  certificate  of  any 
teacher  for  drunkenness,  untruthfuiness,  immorality,  or  for  any  physical,  mental 
or  moral  defect  which  would  render  him  unfit  for  the  proper  performance  of  his 
duties  as  a  teacher,  or  for  any  neglect  of  duty  or  refusal  to  perform  the  same  or 
for  any  other  cause  which  would  have  justified  the  withholding  of  a  certificate 
when  the  same  was  issued. 

Any  county  superintendent  who  knows  of  any  immorality  or  neglect  of  duty 
on  the  part  of  any  teacher  shall  report  the  same,  together  with  all  the  facts  and 
evidence,  to  the  state  superintendent  for  such  action  as  in  his  judgment  may  be 
proper. 

TEACHERS'  INSTITUTES— COUPONS  OF  CREDIT 

Sec.  113.  Time  and  Place  of  Holding  Teachers'  Institutes.  As  a  means 
of  improving  the  teachers  and  fitting  them  for  more  effective  service  in  the  schools 
of  the  State,  teachers'  county  institutes  shall  be  held  annually  throughout  the 
State,  one  or  more  in  each  county,  at  such  times  and  at  such  places  as  the  state 
superintendent,  with  the  advice  of  the  county  superintendent,  shall  direct,  and 
such  institutes  shall  continue  each  for  one  week  of  five  days.  It  is  provided, 
however,  that  the  state  superintendent  may  vary  the  nature  of  the  instruction 
in  such  institutes,  and  may  arrange  the  time  and  duration  of  the  same  in  such  way 
as  to  promote  the  best  interests  of  the  schools. 

Sec.  114.  Attendance  Upon  Institutes.  Every  person  employed  as  a 
teacher  in  the  schools  of  this  State  shall  be  required  to  attend  a  county  teachers' 
institute,  or  such  other  teachers'  meeting  as  the  state  superintendent  of  schools 
shall  prescribe  for  his  group  of  teachers  or  kind  of  work,  for  at  least  five  days  in 
each  year,  or  for  the  number  of  days  more  or  less  than  five  as  may  be  prescribed 
by  the  said  superintendent. 

The  county  superintendent  of  schools  may  excuse,  if  requested,  from  attending 
the  teachers'  institute  any  teacher  who  has  been  in  attendance  for  at  least  six 
weeks  after  January  first  of  the  year  in  which  such  excuse  is  sought,  at  a  standard 
college,  university,  or  state  normal  school,  or  other  approved  school,  and  who 
presents  to  said  county  superintendent  a  statement  signed  by  the  principal  or 
president  of  the  school  showing  what  branches  have  been  pursued  and  that  the 
required  work  has  been  satisfactorily  completed.  The  state  superintendent  of 
schools  shall  determine  what  schools  shall  be  recognized  and  the  nature  and 
amount  of  the  work  which  shall  be  accepted  by  said  county  superintendent  in 
carrying  out  the  provisions  of  this  section.  For  such  institute  attendance  the 
teacher  shall  be  paid  two  dollars  and  fifty  cents  ($2.50)  a  day  for  not  to  exceed 
five  days  in  any  one  year,  such  compensation  to  be  paid  out  of  the  teachers'  fund 
of  the  district  at  the  end  of  his  term  of  school.  Teachers  whose  schools  have 
been  discontinued  for  any  legal  cause  shall  receive  such  portion  of  the  total  per 
diem  as  the  number  of  months  actually  taught  bears  to  the  number  of  months 
in  the  school  term  provided  for  the  district. 


SCHOOL  LAW  OF  WEST  VIRGINIA  45 

It  shall  be  the  duty  of  the  county  superintendent  to  see  that  teachers  who 
do  not  attend  institute  or  who  have  not  been  legally  excused  are  not  allowed  to 
teach  in  his  county  during  any  year  in  which  such  failure  occurs. 

Sec.  115.     Filing  of  Certificate.     It  shall  be  the  duty  of  each  teacher  to 
file  with  the  secretary  of  the  board  of  education  of  the  district  in  which  he  is  - 
employed,  before  the  opening  of  his  school,  a  certificate  of  institute  attendance 
or  an  excuse  therefrom  signed  by  the  county  superintendent  of  schools. 

If  the  county  institute  is  held  after  the  opening  of  his  school,  the  teacher  shall 
file  his  certificate  of  attendance  within  ten  days  after  the  close  of  the  institute. 

Sec.  116.  Instructors.  The  institute  shall  be  conducted  by  experienced 
and  skillful  instructors  appointed  by  the  state  superintendent  of  free  schools, 
but  it  shall  be  a  part  of  the  duty  of  the  county  superintendent  under  the  instruc- 
tions of  the  state  superintendent,  to  make  all  arrangements  for  the  institutes  and 
to  assist  in  conducting  them. 

Sec.  117.  Pay  of  Instructors.  The  instructors  appointed  by  the  state 
superintendent  shall  be  paid  for  their  services  and  expenses  out  of  the  general 
school  fund  on  the  order  of  the  state  superintendent;  provided,  that  the  amount 
expended  for  teachers'  institutes  in  the  State  for  any  year  shall  not  exceed  the 
amount  appropriated  by  the  Legislature  for  that  purpose. 

Sec.  118.  Enrollment  Fee.  Every  teacher  enrolled  in  a  county  teachers* 
institute,  or  other  teachers'  meeting  conducted  in  lieu  thereof,  shall  pay  an 
institute  fee  of  one  dollar  and  twenty-five  cents  ($1.25),  two-fifths  of  which  may 
be  used  by  the  county  superintendent  of  schools  for  incidental  expenses  and  for 
the  betterment  of  the  institute,  and  the  other  three-fifths  of  said  fee,  together 
with  any  remainder  of  said  two-fifths  allowed  for  incidental  expenses,  shall  be 
remitted  by  the  county  superintendent  of  schools  to  the  auditor  of  the  State  to 
be  paid  into  the  state  treasury  to  the  credit  of  the  general  school  fund.  An  account 
of  said  expenses  shall  be  submitted  to  the  institute  during  its  session  for  approval 
or  disapproval.  If  any  county  superintendent  of  schools  shall  fail  within  a 
reasonable  time  to  remit  said  portion  of  the  institute  fees  in  his  county  to  the 
auditor,  it  shall  then  be  the  duty  of  the  auditor  to  withhold  payment  of  the  salary 
of  such  county  superintendent  until  such  remittance  has  been  received. 

Sec.  119.  Report  to  be  Made.  The  county  superintendent  of  schools 
shall,  within  five  days  after  the  close  of  the  institute,  forward  to  the  state  super- 
intendent of  schools  a  certified  list  of  all  persons  enrolled  at  the  county  institute, 
giving  the  exact  time  each  teacher  was  in  attendance.  Said  county  superintendent 
shall  also  forward  to  the  state  superintendent  a  certified  statement  of  the  receipts 
and  expenditures  as  approved  by  the  institute  as  provided  in  section  one  hundred 
twenty-one  of  this  act,  together  with  the  receipts  for  all  money  expended. 

Sec.  120.  District  Institutes.  As  a  further  means  of  improvement  among 
the  teachers,  the  county  superintendent,  or  the  district  supervisor,  with  the 
consent  of  the  county  superintendent,  shall  arrange  for  and  conduct  district  or 
joint  district  institutes,  one  or  more  for  each  district  of  the  county  within  the 
school  year.  The  county  superintendent  may  also  approve  the  attendance  of 
the  teachers  employed  in  his  county  at  a  teachers'  round  table.  Attendance  upon 
district  institutes  or  teachers'  round  tables  as  herein  provided  may  be  substituted 
for  an  equal  amount  of  teaching  at  the  discretion  of  the  county  superintendent, 
who  shall  report  to  the  secretary  of  the  board  of  education  the  attendance  ap- 
proved by  him. 

Sec.  121.     Reading  Circles — Coupons  of  Credit.    Teachers  shall  be  en- 


46  SCHOOL  LAW  OF  WEST  VIEGINIA 

couraged  to  form  reading  circles  for  the  purpose  of  pursuing  courses  of  study  in 
professional  subjects,  and  it  shall  be  the  duty  of  the  state  superintendent  to 
prescribe  a  course  of  study  in  the  said  subjects,  to  provide  for  examining  those 
who  complete  the  said  course  and  to  issue  certificates  of  merit  to  such  persons 
as  pass  satisfactory  examinations  thereon. 

The  state  superintendent  of  schools  may  also  outline  additional  professional 
work  and  projects  for  teachers  and  issue  coupons  of  credit,  good  only  for  the 
school  year  in  which  they  are  issued,  to  such  teachers  as  complete  such  professional 
work  or  project  satisfactorily.  Such  coupons  when  signed  by  the  state  super- 
intendent and  by  the  county  superintendent  shall  entitle  the  holder  thereof  to 
one  dollar  a  month  additional  salary  for  each  coupon  so  held,  payable  by  the 
district  or  independent  district  board  of  education  at  the  expiration  of  the  school 
term  out  of  the  teeachers'  fund  of  such  district. 

COMPULSORY  ATTENDANCE 

Sec.  122.  Age — Time — Misdemeanor.  Every  person  who  has  legal  or 
actual  charge  of  a  child  or  children  not  less  than  seven  nor  more  than  fourteen 
years  of  age  shall  cause  such  child  or  children  each  year  to  attend  a  free  day 
school  for  the  full  school  term  of  the  district  or  independent  district  in  which 
such  person  resides;  provided,  however,  that  such  person  shall  be  exempt 
from  the  foregoing  requirement  for  any  of  the  following  causes: 

(a)  Instruction  for  a  time  equal  to  that  required  by  this  act  in  a  private, 
parochial  or  other  school  approved  by  the  district  board  of  education.    The 
principal  or  other  person  in  control  of  such  private,  parochial  or  other  approved 
school  shall  upon  the  request  of  the  district  board  of  education,  furnish  to  said 
board  such  information  as  it  may  require  with  regard  to  the  attendance  and 
instruction  of  pupils  between  the  ages  of  seven  and  fourteen  years  enrolled  therein. 

(b)  Instruction  for  a  time  equal  to  that  required  by  this  act  in  the  home  of 
such  child  or  children  or  elsewhere  by  a  person  or  persojis  who  are,  in  the  judg- 
ment of  the  district  board  of  education,  qualified  to  give  instruction  in  the  sub- 
jects required  to  be  taught  in  the  free  elementary  schools  of  this  State.    The 
person  or  persons  giving  such  instruction  shall,  upon  the  request  of  the  district 
board  of  education,  furnish  to  said  board  such  information  as  it  may  require 
with  regard  to  the  attendance  and  instruction  of  pupils  between  the  ages  of 
seven  and  fourteen  years  receiving  such  instruction. 

(c)  Physical  or  mental  incapacity  for  school  attendance  and  the  performance 
of  school  work. 

(d)  Death  or  serious  illness  in  the  immediate  family  of  the  pupil. 

(e)  Extreme  destitution  of  parents  or  other  person  or  persons  in  legal  or 
actual  charge  of  a  child  or  children.    Exemption  for  this  cause  shall  not  be  al- 
lowed when  such  destitution  is  relieved  through  public  or  private  means. 

(f )  Conditions  rendering  school  attendance  impossible  or  rendering  it  hazard- 
ous to  the  pupil's  life,  health  or  safety. 

(g)  Residence  of  the  pupil  at  a  distance  of  more  than  two  miles  from  the 
nearest  school  by  the  shortest  practicable  road  or  path,  unless  free  transporta- 
tion to  and  from  school  is  provided  for  such  pupil.        , 

(h)     Observance  of  regular  church  ordinances. 


SCHOOL  LAW  OF  WEST  VIRGINIA  47 

(i)  Other  causes  that  are  accepted  as  valid  by  the  county  superintendent  or 
by  the  district  supervisor  of  schools  or  by  the  superintendent  of  schools  of  an 
independent  district. 

Any  person  who.  after  due  notice  has  been  served  upon  him  as  hereinafter 
provided,  shall  fail  to  cause  a  child  or  children  in  his  legal  or  actual  charge  to 
attend  school  as  hereinbefore  provided,  shall  be  guilty  of  a  misdemeanor  and 
shall  upon  conviction  thereof  before  any  justice  of  the  peace  be  fined  not  less 
than  three  dollars  nor  more  than  twenty  dollars,  together  with  the  costs  of 
prosecution,  or  confined  in  jail  not  less  than  five  days  nor  more  than  twenty  days. 
Each  day  a  child  is  out  of  school  contrary  to  the  provisions  of  this  act  shall 
constitute  a  separate  offense. 

Whenever  a  person  accused  of  violating  the  provisions  of  this  act  has  been 
tried  and  acquitted,  the  costs  of  prosecution  shall  be  paid  by  the  district  board 
of  education  out  of  the  building  fund  of  the  district. 

Sec.  123.  Attendance  Officer — Duties.  The  board  of  education  of  every 
district  or  independent  district  shall,  at  its  first  meeting  or  as  soon  thereafter 
as  practicable,  appoint  one  or  more  attendance  officers,  who  shall  qualify  as 
such  and  shall  enforce  the  provisions  of  this  act  in  the  districts  or  independent 
districts  in  which  they  have  been  appointed  to  serve;  provided,  however, 
that  any  school  trustee  may  be  appointed  to  serve  as  truant  officer  in  his  sub- 
district.  Each  officer  so  appointed  shall  use  due  diligence  to  ascertain  any 
violations  of  this  law,  and  when  from  personal  knowledge  or  by  report  or  com- 
plaint from  any  resident  or  teacher  of  the  district  under  his  supervision,  he  believes 
that  any  child  subject  to  the  provisions  hereof  has  been  absent  from  school  con- 
trary to  the  provisions  of  this  act,  he  shall  immediately  give  written  notice  to 
the  parent,  guardian,  or  custodian  of  such  child  that  the  attendance  of  said 
child  at  school  is  required,  and  if  the  parent,  guardian  or  custodian  of  such  child 
does  not  comply  with  the  provisions  of  this  act  at  once,  then  such  attendance 
officer  shall  make  complaint  against  such  parent,  guardian  or  custodian  before 
a  justice  of  the  peace  of  the  county;  and  provided,  that  for  subsequent  offenses 
in  any  school  year  no  such  notice  shall  be  required.  When  any  doubt  exists  as 
to  the  age  of  a  child  absent  from  school,  the  attendance  officer  shall  have  authority 
to  require  a  properly  attested  birth  certificate  or  an  affidavit  from  the  parent, 
guardian,  or  custodian  of  such  child,  stating  the  age  of  such  child.  The  attend- 
ance officer  shall,  in  the  performance  of  his  duties  as  such  officer,  have  authority 
to  visit  and  enter  any  office,  factory,  or  business  house  employing  children; 
he  shall  also  have  the  authority  to  arrest  without  warrant  any  child  absent  from 
school  in  violation  of  the  provisions  of  this  act  and  to  place  such  child  in  the 
school  in  which  such  child  is  or  should  be  enrolled.  Said  attendance  officer 
shall  be  paid  monthly  at  such  rate  per  diem  for  the  time  actually  spent  in  the 
performance  of  his  duties  as  the  board  shall  determine;  but  in  no  case  shall 
payment  for  any  month's  services  be  made  until  the  attendance  officer  has 
filed  with  the  secretary  of  the  district  board  of  education  the  statement  required 
by  said  board  of  education,  together  with  a  sworn  statement  of  the  number  of 
truancy  cases  investigated  and  the  time  actually  spent  in  performing  such  duties. 
When  the  attendance  officer  has  faithfully  performed  his  duties  and  filed  the 
statement  required,  the  district  board  of  education,  if  satisfied  that  the  same 
is  just  and  correct,  shall  issue  to  him  an  order  on  the  sheriff  for  the  amount  of 
his  account,  payable  out  of  the  building  fund  of  the  district. 


48  SCHOOL  LAW  OF  WEST  VIRGINIA 

Sec.  124.  Secretary  to  Furnish  Enumeration  List.  It  shall  be  the  duty 
of  the  secretary  of  the  district  board  of  education  at  the  beginning  of  the  school 
term  to  furnish  to  the  teacher  of  each  one-room  school  in  the  district  a  copy  of 
the  last  school  enumeration  for  the  sub-district,  together  with  the  name  and  ad- 
dress of  the  attendance  officer  of  the  district.  Such  teacher  shall  at  the  opening 
of  school  and  at  such  times  as  the  district  board  of  education  may  require,  com- 
pare said  enumeration  list  with  the  enrollment  of  the  school  and  report  to  the 
attendance  officer  the  names  and  residences  of  parents,  guardians  or  custodians 
of  children  between  the  ages  of  seven  and  fourteen  who  are  or  have  been  absent 
from  school  without  a  legal  excuse;  also,  the  names  and  residences  of  parents, 
guardians,  or  custodians  of  children  of  compulsory  school  age  not  included  in 
such  enumeration  list  who  are,  or  have  been  absent  from  school  without  legal 
excuse.  The  secretary  of  the  district  board  of  education  shall  furnish  said  enumer- 
ation list,  together  with  the  name  and  address  of  the  attendance  officer,  to  the 
superintendents,  district  supervisors  or  principels  of  all  town  and  city  schools 
and  to  the  principals  of  all  district  schools  of  two  or  more  rooms,  and  said  super- 
intendents, district  supervisors,  and  principals  shall  make  reports  to  the  at- 
tendance officer  concerning  all  cases  of  truancy  as  hereinbefore  required  of  teach- 
ers of  one-room  schools. 

Sec.  125.  Fine  for  Neglect  of  Duty.  Any  school  officer,  attendance  officer, 
district  supervisor,  superintendent,  principal,  teacher  or  other  person  upon  whom 
a  duty  is  imposed  by  this  act  who  neglects  or  refuses  to  perform  any  duty  or 
duties  so  imposed  upon  him  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  three  dollars  ($3.00) 
nor  more  than  twenty  dollars  ($20.00)  and  may  be  imprisoned  not  to  exceed 
twenty-five  days. 

Sec.  126.  Aiding  or  Abetting  Violations  of  Compulsory  Attendance. 
Any  person  who  induces  or  attempts  to  induce  any  child  unlawfully  to  absent 
himself  from  school  or  who  harbors  or  employs  any  child  of  compulsory  school 
age  while  the  school  which  he  is  required  to  attend  is  in  session,  or  employs 
such  child  within  the  term  of  said  school  without  the  written  permission  of  the 
county,  district  or  city  superintendent  of  schools  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  ($25.00)  nor  more  than  fifty  dollars  ($50.00),  or  may  be  confined  in 
jail  not  less  than  five  days  nor  more  than  thirty  days. 

Sec.  127.  Fines  Collected.  All  fines  collected  under  the  provisions  of 
this  act  shall  be  paid  over  at  once  by  the  justice  to  the  sheriff,  and  by  him  credited 
to  the  building  fund  of  the  proper  district;  and  every  attendance  officer  shall 
make  to  the  secretary  of  the  district  board  of  education  and  to  the  sheriff  an 
itemized  statement  on  the  last  day  of  each  month  of  all  fines  imposed  as  pro- 
vided herein. 

Sec.  128.  Unemployed  Children  over  Fourteen  and  Under  Sixteen 
Shall  Attend  School.  Every  child  over  fourteen  and  under  sixteen  years  of 
age  who  is  not  engaged  in  some  regular  employment  or  business  for  at  least  six 
hours  per  day  or  who  has  not  received  written  permission  from  the  superintendent 
of  schools  of  the  city  or  county  in  which  he  resides,  to  engage  in  profitable  em- 
ployment at  home,  shall  attend  a  public  day  school  or  other  day  school  approved 
by  the  board  of  education  of  his  school  district  or  independent  school  district 
during  the  entire  time  the  public  schools  are  in  session,  subject  to  such  exemptions 


SCHOOL  LAW  OF  WEST  VIRGINIA  49 

as  are  provided  for  in  section  one  hundred  twenty-five*  of  this  act,  except  that 
no  child  over  fourteen  and  under  sixteen  years  of  age  shall  be  exempt  from  school 
attendance  as  herein  required  for  the  reason  that  he  has  completed  an  eight- 
years'  course  of  study  in  the  elementary  and  grammar  schools  or  junior  high 
schools  of  the  State,  if  a  high  school  or  other  school  of  advanced  grades  is  pro- 
vided within  two  miles  of  his  home. 

Sec.  129.  Children  Over  Fourteen  and  Under  Sixteen  Who  Are  Em- 
ployed Shall  Attend  Evening  or  Part-Time  Day  Schools.  Every  child 
over  fourteen  and  under  sixteen  years  of  age  who  is  engaged  in  regular  employ- 
ment or  business  for  six  or  more  hours  during  the  day  shall  attend  an  evening 
school,  part-time  day  school  or  other  continuation  school  for  at  least  five  hours 
per  week  for  a  period  of  twenty  weeks,  or  for  such  period  as  such  school  is  in 
session,  if  it  is  in  session  less  than  twenty  weeks;  provided,  there  is  an  evening 
school,  part-time  day  school  or  other  continuation  school  approved  by  the  board 
of  education  of  the  district  in  which  such  child  resides,  within  two  miles  of  such 
child's  home  or  temporary  place  of  residence.  Individuals,  firms  and  corporations 
employing  children  over  fourteen  and  under  sixteen  years  of  age  shall,  if  necessar; 
to  enable  such  children  to  attend  an  evening  school,  part-time  day  school  or 
other  continuation  school  as  herein  required,  release  such  children  from  work 
for  at  least  five  hours  per  week  for  a  period  of  not  less  than  twenty  weeks  each 
year.  All  children  over  fourteen  and  under  sixteen  years  of  age  shall  be  included 
as  a  separate  class  in  the  enumeration  list  required  in  section  ninety-five  of  this 
act.  The  requirements  of  this  section  shall  be  enforced  by  the  persons  and  in 
the  manner  prescribed  for  the  enforcement  of  the  requirements  of  sections  one 
hundred  twenty-five  to  one  hundred  thirty-one,  f  inclusive,  of  this  act. 

Sec.  130.  Compulsory  Education  of  the  Deaf  and  the  Blind.  Every 
parent,  guardian  or  other  person  having  control  of  any  mentally  normal  minor 
over  eight  years  of  age  who  is  defective  in  sight  or  hearing  to  the  extent  that  he 
can  not  be  benefited  by  instruction  in  the  public  schools,  shall  be  required  to 
send  such  minor  to  the  West  Virginia  Schools  for  the  Deaf  and  the  Blind  at 
Romney.  Such  minor  shall  continue  to  attend  said  schools  for  a  term  of  at  least 
thirty-six  weeks  each  year  until  he  has  completed  the  course  of  instruction  pre- 
scribed for  said  schools  by  the  state  board  of  education,  or  until  he  has  been 
discharged  by  the  superintendent  of  said  schools.  It  is  provided,  however,  that 
rainors  of  the  Negro  race  who  come  under  the  requirements  of  this  section  shall 
be  placed  in  a  separate  school  or  schools  located  at  such  place  or  places  as  may  be 
determined  by  the  state  board  of  control. 

Any  such  deaf  or  blind  minor  shall  be  exempt  from  attendance  at  said  schools 
for  any  of  the  following  reasons : 

1.  Instruction  by  a  private  tutor  or  in  another  school  approved  by  the  state 
board  of  education,  for  a  time  equal  to  that  required  by  the  first  paragraph  of 
this  section. 

2.  Physical  incapacity  for  school  work. 

3.  Any  other  reason  deemed  good  and  sufficient  by  the  superintendent  of  said 
schools,  with  the  approval  of  the  state  board  of  education. 

Any  parent,  guardian  or  other  person  in  charge  of  such  minor  or  minors  who 
fails  or  refuses  to  comply  with  the  requirements  of  this  section  shall  be  guilty 

*Refers  to  section  one  hundred  twenty-two. 

IRefers  to  sections  one  hundred  twenty-three  to  one  hundred  twenty-seven. 


50  SCHOOL  LAW  OF  WEST  VIRGINIA 

of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than  ten 
dollars  ($10.00)  nor  more  than  thirty  dollars  ($30.00)  for  each  offense. 

Failure  for  the  period  of  one  week  within  the  school  year  to  send  such  minor 
to  school  shall  constitute  an  offense;  provided,  that  the  time  necessary  for 
such  minor  to  travel  from  his  home  to  Romney  shall  not  be  counted  as  time 
absent  from  school. 

Any  person  who  induces  or  attempts  to  induce  such  blind  or  deaf  minor  to 
absent  himself  from  school  or  who  employs  or  harbors  such  minor  unlawfully, 
while  said  schools  are  in  session  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  twenty  dollars  ($20.00)  nor  more  than 
fifty  dollars  ($50.00)  for  each  offense. 

It  shall  be  the  duty  of  school  attendance  officers,  prosecuting  attorneys  and 
any  special  attendance  officers  appointed  by  the  said  schools  for  the  deaf  and  the 
blind  to  enforce  the  provisions  of  this  section. 

It  shall  be  the  duty  of  the  public  school  teachers  of  each  xounty  to  furnish 
to  the  county  superintendent  of  schools  of  their  county  the  names  of  deaf  or 
blind  persons  in  their  sub-districts  between  the  ages  of  six  and  twenty-five  years 
together  with  information  as  to  the  age,  sex  and  race  of  each  such  deaf  or  blind 
person.  The  county  superintendent  of  schools  shall  certify  the  names  of  all 
such  persons  with  the  names  and  addresses  of  their  parents  or  guardians  to  the 
superintendent  of  the  schools  for  the  deaf  and  the  blind  at  Romney. 

It  shall  be  the  duty  of  the  state  superintendent  of  schools  to  provide  suitable 
blanks  for  the  enumeration  of  such  deaf  and  blind  persons  to  each  county  super- 
intendent for  distribution  among  teachers  and  others  responsible  for  taking  the 
school  enumeration.  The  enumeration  of  such  deaf  and  blind  persons  shall  be 
taken  at  the  time  the  regular  school  enumeration  is  taken  and  shall  be  reported 
to  the  superintendent  of  the  schools  for  the  deaf  and  the  blind  at  the  time  that  the 
regular  school  enumeration  is  reported  to  the  state  superintendent  of  schools. 

VOCATIONAL  EDUCATION 

Sec.  131.  Acceptance  of  Federal  Act.  The  provisions  of  an  act  of  congress 
entitled  "an  act  to  provide  for  the  promotion  of  vocational  education;  to  pro- 
vide for  co-operation  with  the  states  in  the  promotion  of  such  education  in  agri- 
culture and  the  trades  and  industries;  to  provide  for  co-operation  with  the  states 
in  the  preparation  of  teachers  of^  vocational  subjects;  and  to  appropriate  money 
and  regulate  its  expenditures,"  are  hereby  accepted  by  the  State  of  West  Vir- 
ginia as  to: 

(a)  Appropriations  for  the  salaries  of  teachers,  supervisors  or  directors   of 
agricultural  subjects. 

(b)  Appropriations  for  salaries  of  teachers   of  vocational   and   industrial 
subjects. 

(c)  Appropriations  for  the  training  of  teachers  of  vocational  subjects. 

Sec.  132.  Custodian  of  Funds.  The  state  treasurer  is  hereby  designated 
as  the  custodian  of  funds  to  be  paid  into  the  treasury  of  this  State  for  vocational 
education  and  shall  receive  money  paid  to  the  state  from  the  United  States 
Treasury  under  the  provisions  of  said  act  of  congress  and  shall  pay  the  same  upon 
the  warrant  of  the  auditor  of  state  when  the  same  is  certified  by  the  state  board 
of  control. 


SCHOOL  LAW  OF  WEST  VIRGINIA  51 

Sec.  133.  State  Board.  The  state  board  of  education  is  hereby  designated 
as  the  state  board  to  carry  out  the  provisions  of  said  act  so  far  as  the  same  relates 
to  the  co-operation  of  the  states  and  federal  government  and  shall  have  full 
power  to  do  all  things  necessary  in  the  formulation  on  execution  of  plans  for  the 
promotion  of  education  in  agriculture,  in  trades  and  industries  and  to  formulate 
and  execute  plans  for  the  preparation  of  teachers  of  vocational  subjects. 

STATE  EDUCATIONAL  INSTITUTIONS 

Sec.   134.     West  Virginia  University,   Name,  Location,   Control.    The 

West  Virginia  University,  created  and  established  by  chapter  one  hundred 
twenty-three,  sections  seventy-six  and  seventy-seven,  of  the  acts  of  the  Legis- 
lature of  one  thousand  eight  hundred  seventy-two  and  one  thousand  eight  hun- 
dred seventy-three,  shall  hereafter  remain  where  now  located  and  shall  con- 
tinue to  be  known  as  the  West  Virginia  University.  On  and  after  the  first  day 
of  July,  one  thousand  nine  hundred  nineteen,  said  university  shall  be  under 
the  control  and  management  of  the  state  board  of  education  as  provided  in  sec- 
tion seven  of  this  act,  and  the  state  board  of  control  as  provided  in  section  four 
of  chapter  fifteen-m  of  Barnes'  code  of  nineteen  hundred  and  sixteen. 

Sec.  135.  Powers  and  Duties  of  the  President.  The  president  of  the 
university  shall  be  presideat  of  the  general  faculty  and  of  the  faculties  of  the 
several  colleges  and  departments  thereof,  and  the  executive  head  of  the  university 
in  all  its  departments.  Subject  to  the  authority  herein  vested  in  the  state  board 
of  education,  he  shall  give  general  direction  to  the  administrative  affairs  and  to  the 
scientific  investigations  of  the  university  and  of  its  several  departments.  And 
subject  to  the  orders  of  the  board,  he  shall  have  authority,  in  the  recess  of  the 
board,  to  remove  any  employee  or  subordinate  officer,  who  is  not  a  member  of 
the  faculty,  and  supply  for  the  time  any  vacancy  that  may  occur  by  such  removal 
or  otherwise. 

Sec.  136.  The  President  Shall  Make  Biennial  Reports.  On  or  before  the 
end  of  each  biennial  period  the  president  of  the  university  shall  make  a  report 
to  the  state  board  of  education  and  the  state  board  of  control  showing  in  detail 
the  progress  and  condition  of  the  university  during  such  biennium,  and  such 
other  detailed  information  about  the  affairs  and  the  control  of  the  university 
as  the  said  boards  may  request  or  as  he  may  deem  wise  to  communicate. 

Sec.  137.  Colleges,  Schools,  Departments.  In  consultation  with  the 
president  of  the  university,  the  state  board  of  education  shall  have  authority 
to  establish  and  to  maintain  in  the  university  such  colleges,  schools,  depart- 
ments and  divisions  as  from  time  to  time  may  be  expedient,  and  shall  provide  for 
the  organization  and  management  of  the  same. 

Sec.  138.  Admission  and  Graduation  of  Students.  The  rules  and 
regulations  made  by  the  president  and  faculties  of  the  university  governing  the 
admission  of  students  to  the  university,  the  standards  of  scholarship  to  be  main- 
tained, the  conferring  of  degrees  and  the  granting  of  diplomas,  certificates  and 
other  evidences  of  work  done  by  students  of  the  university,  shall  be  submitted 
to  the  state  board  of  education  for  its  approval.  The  rules  and  regulations  made 
by  said  president  and  faculties  for  the  general  government  of  the  university  shall 
in  like  manner  be  submitted  to  said  board  for  its  approval. 

Sec.    139.     Agricultural   Extension   Division.     In  order  to  promote  -the 


52  SCHOOL  LAW  OF  WEST  VIRGINIA 


improvement  and  advancement  of  agriculture,  domestic  science,  and  rural 
life  among  the  people  of  the  several  counties  of  the  State  of  West  Virginia,  there 
is  hereby  created  and  established  in  the  college  of  agriculture,  at  West  Virginia 
University,  an  agricultural  extension  division  to  be  co-ordinate  with  the  resident 
instruction  division  and  the  agricultural  experiment  station.  The  work  of  the 
agricultural  extension  division  of  the  College  of  Agriculture  shall  be  conducted 
under  such  rules,  regulations  and  methods  as  may  be  approved  by  the  state 
board  of  education,  but  every  expenditure  under  this  section  shall  be  approved 
by  the  state  board  of  control.  Said  extension  work  shall  consist  of  holding  exten- 
sion schools  in  the  various  counties  of  the  State,  at  which  instruction  shall  be 
given  in  soil  fertility,  horticulture,  stock  raising,  crop  production,  dairying  and 
other  branches  of  agriculture,  domestic  science  and  kindred  subjects;  of  con- 
ducting farmers'  institutes;  of  furnishing  speakers  and  exhibits  for  special  agri- 
cultural trains;  of  giving  instruction  and  demonstrations  at  agricultural  fairs, 
farmers'  institutes,  clubs,  granges,  or  other  organizations  that  may  be  useful 
in  extending  agricultural  knowledge;  of  conducting,  in  co-operation  with  school 
officials  and  the  United  States  Department  of  Agriculture,  boys'  and  girls' 
agricultural  clubs;  of  appointing  county  agricultural  and  home  demonstration 
agents  and  supervising  and  assisting  them  in  advancing  the  agricultural  and 
home  interests  of  their  respective  counties  or  districts  by  encouraging  demon- 
strations in  orcharding,  soil  improvement,  crop  production,  stock  raising  and 
other  phases  of  agriculture,  home  economics  and  kindred  subjects,  as  provided 
for  in  section  twenty-eight,  chapter  thirty-nine  of  the  code  of  West  Virginia; 
of  giving  instruction  by  mail  in  agriculture,  domestic  science  and  kindred  sub- 
jects; of  publishing  bulletins,  circulars  and  newspaper  articles;  and  of  such 
other  methods  as  may  carry  the  benefits  of  the  work  of  the  college  of  agriculture, 
the  agricultural  experiment  station  and  the  United  States  Department  of  Agri- 
culture to  the  people  ofjthe  several  counties  of  the  State,  as  provided  for  in  the 
Federal  Smith-Lever  Act  of  May  eighth,  one  thousand  nine  hundred  fourteen, 
and  accepted  by  the  State  of  West  Virginia  in  Senate  Joint  Resolution  number 
four,  adopted  February  one,  one  thousand  nine  hundred  fifteen;  and  all  such 
itinerant  educational  work  in  agriculture  and  home  economics  carried  on  under 
appropriation  by  or  to  this  State,  shall  be  under  the  control  and  supervision  of 
said  agricultural  extension  department.  * 

Sec.  140.  Military  Training.  Male  students  of  suitable  age  in  the  uni- 
versity shall  be  required,  under  such  regulations  as  the  state  board  of  education 
shall  prescribe,  to  enroll  in  the  department  of  military  science.  Said  students 
shall  serve  for  the  time  required  by  said  regulations  and  shall  be  entitled  lo  such 
special  privileges  and  immunities  as  the  state  board  of  education  may  determine. 
The  state  board  of  education  shall  have  authority  to  accept  appropriations, 
material  and  other  benefits  from  the  Fecteral  Government  on  account  of  any 
federal  law  providing  for  aid  to  the  West  Virginia  University  for  giving  instruction 
in  military  science  and  to  co-operate  as  far  as  practicable  with  the  Federal  Govern- 
ment for  such  purpose. 

Sec.  141.  Extension  in  General.  The  state  board  of  education  is  hereby 
authorized  and  empowered  to  organize  and  conduct,  through  the  organization 
of  the  different  colleges,  schools,  or  departments  of  the  university,  extension 
work  in  the  form  of  schools,  classes,  lectures  and  other  forms  of  instruction, 
throughout  the  State,  in  order  that  the  benefits  of  the  university  may  reach  all 
parts  of  the  State. 


SCHOOL  LAW  OF  WEST  VIEGINIA  53 

Sec.  142.  Endowment  for  Agricultural  College.  The  funds  derived 
from  the  sale  of  United  States  land  warrants  which  have  been  donated  to  this 
State  for  the  purpose  of  endowing  an  agricultural  college  shall  be  invested  by 
the  board  of  the  school  fund  in  a  loan  of  public  stock  of  the  United  States  or 
otherwise,  as  required  by  Congress,  for  the  use  and  benefit  of  the  university,  and 
as  set  forth  in  the  acts  of  the  Legislature  of  one  thousand  eight  hundred  seventy- 
two  and  seventy-three,  one  thousand  eight  hundred  eighty-one,  one  thousand 
nine  hundred  eight,  and  one  thousand  nine  hundred  nine. 

Sec.  143  Federal  Appropriations.  For  the  uses  and  purposes  of  the  West 
Virginia  University  there  is  hereby  set  apart  such  sum  or  sums  of  money  as 
shall  accrue  from  the  annual  appropriation  made  by  the  Act  of  Congress,  ap- 
proved August  thirtieth,  one  thousand  eight  hundred  ninety,  known  as  the 
"Morrill  Fund"  and  all  other  sums  of  money  that  may  at  any  time  be  appro- 
priated by  Act  of  Congress  for  the  benefit  of  the  West  Virginia  University,  and 
the  treasurer  of  this  State  is  hereby  designated  as  the  proper  officer  to  receive 
from  the  Secretary  of  the  Treasury  of  the  United  States  the  said  sum  or  sums  of 
money  to  be  paid  into  the  treasury  of  this  State  under  said  act  or  acts  of  congress 
and  the  state  board  of  control  shall  have  general  supervision  and  control  of  said 
sum  or  sums  of  money  as  is  now  provided  by  the  act  creating  the  said  state  board 
of  control. 

Sec.  144.  Agricultural  Experiment  Station.  The  State  of  West  Virginia 
hereby  assents  to  the  Act  of  Congress  approved  July  second,  one  thousand 
eight  hundred  sixty-two,  entitled  "An  act  donating  public  lands  to  the  several 
states  and  territories  which  may  provide  colleges  for  the  benefit  of  agricultural 
and  mechanic  arts"  and  to  all  other  acts  passed  since  that  one  re-enacting  or 
amending  it  and  accepts  from  the  government  of  the  United  States  the  grants 
of  money  authorized  by  said  Act  of  Congress,  and  assents  to  the  purpose  of  said 
grants.  In  the  Act  of  West  Virginia  Legislature  passed  March  second,  one 
thousand  eight  hundred  eighty-seven,  establishing  a  department  in  the  West 
Virginia  University,  known  as  the  "West  Virginia  Agricultural  Experiment 
Station"  is  hereby  re-enacted  for  the  purposes  enumerated  and  the  state  board 
of  control  and  the  state  board  of  education  are  authorized  and  empowered  as  is 
now  provided  by  law  to  carry  out  the  provisions  of  these  several  acts. 

'Sec.  145.  Anatomical  Board;  Use  of  Dead  Bodies.  Chapter  thirty-two 
of  the  Acts  of  the  Legislature  of  one  thousand  nine  hundred  one,  providing  for 
the  dispostion  of  dead  human  bodies  by  persons  in  charge  of  any  almshouse, 
prison,  morgue,  hospital,  asylum  or  other  place  included  in  said  act  shall  remain 
in  full  force. 

Sec.  146.  Financial  Support.  The  Legislature  shall  make  the  necessary 
appropriations  for  the  financial  support  of  the  West  Virginia  University. 

Sec.  147.  State  Normal  School.  The  provisions  of  all  acts  of  the  Legis- 
lature relating  to  the  West  Virginia  State  Normal  School  and  its  branches  shall 
be  and  remain  in  full  force  except  so  far  as  the  same  may  be  altered  by  this  act. 

The  "West  Virginia  State  Nornfal  School"  established  under  and  by  virtue 
of  an  act  passed  February  twenty-seventh,  one  thousand  eight  hundred  sixty- 
seven,  entitled  "An  act  for  the  establishment  of  a  state  normal  school,"  shall  be 
and  remain  at  Huntington  in  the  County  of  Cabell,  as  provided  in  said  act. 
The  branch  of  the  state  normal  school  established  at  Fairmont,  under  and  in 
pursuance  of  the  act  passed  March  fourth,  one  thousand  eight  hundred  and 


64  SCHOOL  LAW  OF  WEST  VIRGINIA 

sixty-eight,  entitled  "An  act  providing  for  the  purchase  of  the  West  Virginia 
normal  school  at  Fairmont,"  the  branch  of  the  West  Virginia  state  normal  school 
established  at  West  Liberty,  under  and  in  pursuance  of  the  act  passed  March 
first,  one  thousand  eight  hundred  and  seventy,  entitled  "An  act  to  establish  a 
branch  normal  school  at  West  Liberty,  in  Ohio  County;"  the  branch  of  the  state 
normal  school  established  at  Glenville,  under  and  in  pursuance  of  the  act  passed 
the  nineteenth  day  of  February,  one  thousand  eight  hundred  and  seventy-two 
entitled,  "An  act  to  establish  a  "branch  normal  school  at  Glenville,  Gilmer  County  i" 
the  branch  of  the  state  normal  school  established  at  Shepherdstown,  under  and 
in  pursuance  of  the  act  passed  and  approved  February*  fourteenth,  one  thousand 
eight  hundred  and  seventy-two,  entitled  "An  act  to  establish  a  branch  normal 
school  at  Shepherdstown,  in  the  county  of  Jefferson;"  and  the  branch  of  the  state 
normal  school  at  Athens,  in  Mercer  County,  established  by  the  act  passed  the 
twenty-eighth  day  of  February,  one  thousand  eight  hundred  and  seventy-two 
entitled,  "An  act  to  locate  a  branch  state  normal  school  at  Concord,  in  the 
county  of  Mercer,"  shall  each  be  and  remain  at  the  place  where  said  institution 
is  now  located.  The  state  normal  school  and  its  branches  named  in  this  section, 
shall  be  under  the  control  and  management  of  the  state  board  of  edur  ation,  as 
provided  by  section  seven  of  this  act,  and  of  the  state  board  of  control,  as  provided 
in  section  four  of  chapter  fifteen-/?!  of  Barnes'  code  of  one  thousand  nine  hundred 
and  sixteen.  On  and  after  the  first  day  of  July,  one  thousand  nine  hundred  and 
nineteen,  said  normal  school  and  its  branches  shall  each  be  known  as  a  state 
normal  school,  and  none  shall  be  known  as  a  branch  of  the  one  first  established, 
and  shall  be  designated  respectively  as  "Marshall  College,"  "Fairmont  State 
Normal  School,"  "West  Liberty  State  Normal  School,"  "Glenville  State  Normal 
School,"  "Shepherd  College  State  Normal  School,"  and  "Concord  State  Normal 
School."  The  function  of  said  normal  schools  shall  be  the  preparation  of  teachers 
through  such  courses  of  study  as  the  faculties  may  prescribe  with  the  approval 
of  the  state  board  of  education.  The  rules  and  regulations  made  by  the  president 
or  other  head  and  the  teachers  of  each  of  said  normal  schools  for  the  general 
government  of  such  school  and  for  the  admission  of  students  thereto,  the  standards 
of  scholarship  to  be  maintained  therein,  and  the  graduation  of  students  there- 
from, shall  be  submitted  to  the  state  board  of  education  for  its  approval.  The 
president  and  the  teachers  of  each  of  said  normal  schools  shall  be  men  and  women 
of  broad  and  liberal  education,  as  evidenced  by  the  possession  of  a  bachelor's 
degree  from  a  standard  college  or  university,  or  the  equivalent  thereof,  as  a 
minimum  requirement.  The  Legislature  shall  make  the  necessary  appropriations 
for  the  financial  support  of  each  of  the  said  normal  schools. 

Sec.  148.  Preparatory  Branch  of  The  State  University.  The  preparatory 
branch  of  the  state  university  heretofore  established  at  Keyser,  in  Mineral 
County,  shall  remain  where  now  located  and  on  and  after  the  first  day  of  July, 
one  thousand  nine  hundred  and  twenty-one,  shall  be  known  as  the  "West  Vir- 
ginia Vocational  School,"  which  shall  be  under  the  control  and  management 
of  the  state  board  of  education,  as  provided  by  section  seven  of  this  act,  and 
of  the  state  board  of  control,  as  provided  by  section  four  of  chapter  fifteen-m 
of  Barnes'  code  of  one  thousand  nine  hundred  and  sixteen.  The  rules  and  regu- 
lations made  by  the  principal  and  teachers  of  this  institution  for  its  general 
government  shall  be  submitted  to  the  state  board  of  education  for  its  approval. 
Said  vocational  school  shall  offer  instruction  in  agriculture,  home  economics, 


SCHOOL  LAW  OF  WEST  VIEGINIA  55 

industrial  subjects  and  such  other  subjects  as  the  state  board  of  education  may 
direct.  The  Legislature  shall  make  the  necesssary  appropriations  for  the  finan- 
cial support  of  said  institution. 

Chapter  seventy  of  the  acts  of  the  Legislature  of  one  thousand  nine  hundred 
and  seventeen,  regular  session,  is  hereby  repealed. 

Sec.  149.  The  West  Virginia  Trades  School.  The  West  Virginia  Trades 
School  heretofore  established  at  Montgomery  shall  remain  where  now  located 
and  shall  be  under  the  control  and  management  of  the  state  board  of  education 
as  provided  by  section  seven  of  this  act,  and  of  the  state  board  of  control  as 
provided  in  section  four  of  chapter  fifteen-m  of  Barnes'  code  of  one  thousand 
nine  hundred  and  sixteen.  The  rules  and  regulations  made  by  the  principal  and 
the  teachers  of  said  trades  school  for  its  general  government  shall  be  submitted 
to  the  state  board  of  education  for  its  approval.  In  addition  to  academic  courses 
of  secondary  grade,  the  state  board  of  education  shall  have  authority  to  provide 
for  the  teaching  of  other  courses  of  secondary  grade  consistent  with  the  name 
of  said  school  and  shall  do  whatever  may  be  necessary  to  comply  with  the  act 
of  congress  passed  the  ninth  day  of  January,  one  thousand  nine  hundred  and 
seventeen,  granting  federal  aid  to  schools  in  the  several  states  offering  instruc- 
tion in  trades  and  vocations.  All  students  of  this  State  shall  receive  instruction 
in  any  of  the  vocational  courses  maintained  in  said  school  free  of  tuition.  Said 
trades  school  shall  be  supported  in  the  manner  provided  for  the  support  of  other 
state  educational  institutions. 

Sec.  150.  The  West  Virginia  Collegiate  Institute.  The  institution  for 
the  instruction  of  colored  students  located  at  Institute  in  the  county  of  Kanawha 
and  designated  by  an  act  of  the  Legislature  of  one  thousand  eight  hundred  and 
ninety-one,  regular  session,  chapter  sixty-five,  as  "The  "West  Virginia  Collegiate 
Institute,"  shall  remain  where  now  located,  and  shall  have  and  hold  all  the  prop- 
erty, funds,  rights,  powers  and  privileges  granted  to  said  institution  in  said 
chapter  sixty-five  of  the  acts  of  the  Legislature  of  one  thousand  eight  hundred 
and  ninety-one,  and  all  subsequent  acts  relating  thereto. 

Said  institute  shall  be  under  the  control  and  management  of  the  state  board 
of  education  and  the  state  board  of  control,  as  provided  herein  for  other  state 
educational  institutions. 

The  state  board  of  education  shall  establish  and  maintain  in  the  W7est  Virginia 
Collegiate  Institute,  in  addition  to  the  departments  already  established,  such 
college  courses  of  study  as  may  be  expedient  and  possible  and  shall  prescribe  the 
conditions  for  graduation  therein  and  make  rules  for  the  conferring  of  degrees 
and  for  issuing  the  proper  diplomas  to  those  who  complete  such  courses,  as  in  the 
case  of  other  state  educational  institutions. 

The  WTest  Virginia  Collegiate  Institute  shall  have  power  and  authority  to  do 
extension  work  in  agriculture,  home  economics,  and  such  other  subjects  as  the 
state  board  of  education  may  direct,  among  the  Negro  population  of  West  Virginia. 

The  treasurer  of  the  state  is  hereby  designated  as  the  officer  to  receive  from  the 
secretary  of  the  treasury  of  the  United  States  the  said  several  sums  of  money  to 
be  paid  into  the  treasury  of  this  State  by  the  federal  government  for  the  uses 
and  purposes  named  in  any  grants  for  said  institute.  He  shall  keep  an  exact 
account  of  the  moneys  so  received,  and  shall  place  to  the  credit  of  each  of  said 
beneficiaries  thereof  its  due  proportion  of  the  same.  The  sums  so  placed  to 
the  credit  of  the  West  Virginia  Collegiate  Institute  shall  be  paid  out  by  him  on 


56  SCHOOL  LAW  OF  WEST  VIRGINIA 

the  order  of  the  state  board  of  control.  And  said  treasurer  shall  include  in  his 
biennial  report  to  the  governor  a  statement  of  his  receipts  and  disbursements 
"under  the  provisions  of  this  act. 

4|The  rules  and  regulations  made  by  the  president  and  faculty  of  said  institute 
for  its  general  government  and  for  the  admission  of  students  thereto,  the  standards 
of  scholarship  to  be  maintained  therein,  and  the  graduation  of  students  therefrom, 
shall  be  submitted  to  the  state  board  of  education  for  its  approval. 

The  Legislature  of  the  State  of  West  Virginia  hereby  accepts  for  said  State 
the  terms  and  provisions  of  the  act  of  congress  of  the  United  States  approved 
August  thirteith,  one  thousand  eight  hundred  and  ninety,  for  the  objects  and 
purposes  mentioned  and  declared  therein,  and  designates  "The  West  Virginia 
University,"  established  in  pursuance  of  the  act  of  congress  of  the  United  States 
passed  July  two,  one  thousand  eight  hundred  and  sixty-two,  and  a  subsequent 
act  passed  by  said  congress  on  April  nineteen,  one  thousand  eight  hundred  and 
sixty-four,  at  Morgantown,  in  the  county  of  Monongalia,  in  this  State,  as  a 
beneficiary  of  said  appropriation  for  the  instruction  of  white  students,  and 
"The  West  Virginia  Collegiate  Institute,"  for  the  beneficiary  of  said  appro- 
priation for  the  instruction  of  colored  students,  to  be  paid  to  each  in  the  propor- 
tion mentioned  in  chapter  sixty-five  of  the  acts  of  the  Legislature  of  one  thousand 
eight  hundred  and  ninety-one  and  chapter  twenty-seven  of  the  acts  of  the  Legis- 
lature of  one  thousand  nine  hundred  and  eight.  And  the  said  institution  by  the 
name  of  "The  West  Virginia  Collegiate  Institute,"  shall  have  and  hold  all  the 
property,  funds,  rights,  powers  and  privileges  herein  mentioned. 

The  Legislature  shall  supplement  the  funds  received  from  the  federal  govern- 
ment as  aforesaid,  by  making  such  appropriations  from  time  to  time  as  may  be 
necessary  for  the  further  support  of  the  West  Virginia  Collegiate  Institute. 

Sec.  151.  The  Bluefield  Colored  Institute.  The  Bluefield  Colored  Insti- 
tute shall  remain  where  now  located,  and  shall  be  known  as  the  "Bluefield  Colored 
Institute."  Said  institute  shall  be  under  the  control  and  management  of  the 
state  board  of  education  as  provided  by  section  seven  of  this  act,  and  of  the  state 
board  of  control  as  provided  by  law  for  other  state  educational  institutions. 
The  rules  and  regulations  made  by  the  principal  and  faculty  of  said  institute 
for  its  general  government  and  for  the  admission  of  students  thereto,  the  stand- 
ards of  scholarship  to  be  maintained  therein,  and  the  graduation  of  students 
therefrom,  shall  be  submitted  to  the  state  board  of  education  for  its  approval. 
The  Legislature  shall  make  from  time  to  time  such  appropriations  as  may  be 
necessary  for  the  financial  support  of  said  institute. 

Sec.  152.  The  West  Virginia  Schools  for  the  Deaf  and  the  Blind — Name 
— Location — Management — Purpose.  The  West  Virginia  schools  for  the 
deaf  and  the  blind  heretofore  established  shall  remain  at  Romney  and  be  known 
as  "The  West  Virginia  Schools  for  the  Deaf  and  the  Blind,"  and  shall  be  main- 
tained for  the  care  and  training  of  the  deaf  and  the  blind  of  the  State  as  provided 
by  law.  The  schools  shall  be  under  the  control  and  management  of  the  state 
board  of  education  and  the  state  board  of  control  as  provided  in  this  chapter  for 
other  state  educational  institutions. 

Sec.  153.  Admission.  All  such  deaf  and  blind  youth  resident  in  the  State, 
between  the  ages  of  eight  and  twenty-five  years,  shall  be  admitted  to  the  insti- 
tution on  application  to  the  principal.  It  shall  be  the  duty  of  the  principal  to 
keep  a  careful  record  of  the  names  of  all  applicants,  with  the  dates  of  their  admis- 


SCHOOL  LAW  OF  WEST  VIEGINIA  57 

sion  and  discharge,  their  age,  post  office  address,  the  name  of  their  parents  or 
guardians,  and  the  degree,  cause  and  circumstances  of  their  deafness  or  blindness. 

Sec.  154.  Clothing.  All  such  deaf  and  blind  pupils  shall  be  admitted  as 
above  directed  without  charge  for  board  and  tuition;  and  when  not  otherwise 
provided  with  clothing  they  shall  be  furnished  therewith  by  the  institution  while 
they  are  pupils  therein,  and  the  principal  shall  make  out  an  account  therefor  in 
each  case  against  the  respective  counties  from  which  said  pupils  come,  in  an 
amount  not  exceeding  forty  dollars  per  annum  for  every  such  pupil,  which  account 
shall  be  sworn  to  by  the  principal  and  countersigned  by  the  secretary,  and  which 
shall  be  transmitted  by  the  principal  to  the  auditor  of  the  state,  whose  duty  it 
shall  be  to  transmit  a  copy  of  the  same  to  the  clerk  of  the  county  courts  of  the 
respective  counties  in  which  such  pupils  live,  and  the  county  courts  of  such 
counties  shall  thereupon,  at  their  next  session  thereafter  held  for  the  purpose 
of  making  a  county  levy,  include  in  such  levy  the  amount  of  said  account  against 
their  counties,  and  cause  an  order  to  be  issued  on  the  sheriff  of  the  county  in 
favor  of  the  auditor  of  the  state,  and  cause  the  same  to  be  transmitted  by  the 
clerk  of  said  court  to  the  auditor  whose  duty  it  shall  be  to  collect  the  same  and 
place  it  to  the  credit  of  the  institution,  to  be  drawn  out  upon  a  requisition  as  a 
part  payment  of  the  current  expenses  of  said  school.  If  the  same  is  not  paid 
to  the  auditor  by  the  respective  counties  from  which  they  are  due  in  a  reasonable 
time,  it  shall  be  the  duty  of  the  auditor  to  collect  the  same  by  law. 

Sec.  155.  Period  of  Attendance — Special  Admissions.  The  pupils  of 
said  school  may  continue  therein  five  years,  and  for  as  much  longer  as  in  the 
discretion  of  the  board  and  principal  their  condition  and  progress  would  seem 
to  justify.  After  all  the  applicants  between  the  prescribed  ages  of  eight  and 
twenty-five  years  have  been  admitted,  if  there  are  accommodations,  the  principal 
may  admit  other  deaf  and  blind  persons  who  may  be  of  suitable  age  to  receive 
any  advantage  from  the  institution,  and  upon  such  terms  as  the  board  may 
prescribe;  but  it  shall  be  distinctly  understood  that  such  persons  shall  withdraw 
from  the  institution  in  the  order  of  their  admission  to  make  room  for  new  appli- 
cants between  the  ages  prescribed. 

Sec.  156.  Course  of  Instruction.  The  course  of  instruction  in  the  insti- 
tution shall  be  prescribed  by  the  state  board  of  education  with  the  advice  of  the 
principal,  and  shall  be  as  extensive  both  in  the  intellectual,  musical  and  mechanical 
departments  as  the  capacities  and  interests  of  the  pupils  may  require. 

Sec.  157.  Registration.  In  addition  to  their  other  duties  the  assessors  of 
the  State  are  hereby  required  to  register  in  a  book  to  be  furnished  them  by  the 
auditor  for  the  purpose,  the  names  of  all  the  deaf  and  the  blind  persons  in  their 
respective  districts,  with  the  degree  and  cause  of  deafness  and  blindness  in  each 
case  as  far  as  can  be  ascertained,  from  the  heads  of  the  families,  or  from  other 
persons  whom  the  assessors  may  conveniently  consult,  their  ages,  the  names  of 
their  parents  or  guardians,  their  post  office  addresses  and  such  other  facts  as 
may  be  useful  in  making  the  said  institution  efficient  in  ameliorating  the  con- 
ditions of  the  deaf  and  the  blind.  They  shall  complete  the  registration  as  early 
as  possible  and  forward  their  report  to  the  auditor  who  shall,  if  practicable, 
before  the  first  day  of  July  or  as  soon  thereafter  as  possible,  make  an  alphabetical 
abstract  of  all  the  facts  furnished  him  by  the  assessors'  reports  and  shall  send  the 
same  by  mail  to  the  principal  of  the  West  Virginia  schools  for  the  deaf  and  the 
blind,  and  said  principal  is  hereby  further  required  to  put  himself  into  immediate 


68  SCHOOL  LAW  OF  WEST  VIRGINIA 

correspondence  with  all  the  deaf  and  dumb  persons  of  suitable  age  and  condi- 
tion mentioned  in  the  auditor's  abstract,  with  a  view  to  their  admission  as  pupils 
into  said  school. 

Sec.  158.  Compensation  for  Registration.  The  assessors  shall  receive 
for  the  extra  duties  hereby  imposed  the  same  compensation  as  now  allowed  them 
for  the  registration  of  births  and  deaths,  and  shall  be  liable  to  the  same  penalties 
for  failure  to  discharge  their  duties. 

Sec.  159.  West  Virginia  Industrial  School  for  Boys — Name — Location — 
Purpose — Management.  The  West  Virginia  reform  school,  established  by 
chapter  three  of  the  acts  of  one  thousand  eight  hundred  and  eighty-nine  shall 
hereafter  be  known  and  designated"  as  the  "West  Virginia  industrial  school  for 
boys"  and  shall  be  conducted  in  the  buildings  heretofore  and  hereafter  erected 
for  that  purpose  at  Pruntytown  in  Taylor  county.  This  school  shall  be  exclusively 
charged  with  the  care  and  training  of  male  youth  of  the  State,  but  white  and  col- 
ored shall  be  kept  separate.  It  shall  be  managed,  controlled  and  governed  by  the 
state  board  of  control,  as  provided  in  chapter  fifty-eight  of  the  acts  of  one  thous- 
and nine  hundred  and  nine  and  all  subsequent  acts  relating  thereto. 

Sec.  160.  Commitments.  Any  male  youth  under  the  age  of  eighteen, 
and  not  under  the  age  of  ten  years,  may  be  committed  to  and  received  into  the 
West  Virginia  industrial  school  for  boys  for  the  reasons  and  in  the  manner  fol- 
lowing: 

1.  By  a  justice  of  the  peace  of  the  county  in  which  he  resides  on  complaint 
under  oath  and  due  proof  made  to  him,  by  the  parent,  guardian  or  other  person 
having  the  custody  and  control  of  such  youth,  that  by  reason  of  incorrigible  or 
vicious  conduct  such  youth  has  rendered  his  control  beyond  the  power  of  the 
parent,  or  guardian  or  such  other  person,  and  made  it    manifestly   requisite 
that,  from  regard  for  the  morals  and  future  welfare  of  such  youth  and  the  peace 
and  order  of  society,  he  shall  be  placed  in  said  school. 

2.  By  the  same  authority,  upon  complaint  under  oath  and  due  proof  before 
the  justice  that  such  youth  is  vagrant,  incorrigible  or  vicious  in  disposition  and 
conduct,  and  that  his  parents,  guardian,  or  other  person  having  custody  of  or 
authority  to  control  him,  are  depraved  or  otherwise  unfit,  unwilling  or  unable  to 
exercise  care  or  discipline  over  such  youth. 

3.  By  the  several  courts  of  this  State,  as  provided  in  the  next  section. 

'  Sec.  161.  Convicts.  Whenever  any  male  youth  under  the  age  of  eighteen 
years,  shall  be  convicted  in  any  of  the  courts  of  this  State  of  felony  or  a  mis- 
demeanor, punishable  by  imprisonment,  the  judge  of  said  court  in  his  discretion, 
and  with  reference  to  the  character  of  the  industrial  school  as  a  place  of  cor- 
rection and  not  of  punishment,  instead  of  sentencing  said  youth  to  be  confined 
in  the  penitentiary  or  county  jail,  may  order  him  to  be  removed  to  and  confined 
in  the  said  industrial  school,  to  remain  until  he  shall  have  arrived  at  the  age  of 
twenty-one  years,  unless  sooner  discharged  by  the  state  board  of  control.  Male 
youth  under  eighteen  years  of  age,  convicted  in  any  of  the  courts  of  the  United 
States  for  the  districts  of  West  Virginia,  of  any  offense  punishable  by  imprison- 
ment, may  also  be  received  into  said  industrial  school  upon  such  regulations  and 
such  terms  for  their  maintenance  and  support  as  may  be  prescribed  by  the  state 
board  of  control,  and  assented  to  by  the  proper  authorities  of  the  United  States. 
Sec.  162.  Data  Accompanying  Commitment.  It  shall  be  the  duty  of  a 
justice  of  the  peace  \vhen  committing  a  youth  to  the  industrial  school  under  the 


SCHOOL  LAW  OF  WEST  VIRGINIA  59 

first  and  second  clauses  of  section  one  hundred  sixty-three*  of  this  act,  in  addi- 
tion to  the  commitment,  to  annex  to  said  commitment  the  names  and  residences 
of  the  different  witnesses  examined  before  him,  and  the  substance  of  the  testi- 
mony given  by  them  respectively,  on  which  the  adjudication  was  found,  together 
with  full  answers  to  such  interrogatories  respecting  the  history  of  the  case  and 
the  mental  and  physical  health  of  the  youth,  as  shall  be  prescribed  by  the  board 
of  control,  and  furnished  in  printed  form,  on  application,  by  the  superintendent 
of  the  industrial  school. 

Sec.  163.  Proceedings  for  Commitment.  In  all  proceedings  before  jus- 
tices of  the  peace  for  commitment  of  youth  to  the  industrial  school  under  the  first 
and  second  clauses  of  section  one  hundred  sixty-three*  of  this  act,  the  justice 
shall  appoint  some  discreet  and  disinterested  person  guadrian  ad  litem  of  such 
youth,  whose  duty  it  shall  be  to  represent  the  interests  of  the  youth  and  to  see 
that  no  injustice  is  done  him;  and  the  guardian  ad  litem  or  the  youth  shall 
have  the  right  to  demand  a  jury  of  twelve  men  to  try  the  truth  of  the  charges 
made  against  the  youth,  and  the  jury  shall  be  selected,  and  the  trial  shall  be 
conducted  in  the  same  manner  as  is  provided  by  law  for  the  trial  of  criminal 
cases  before  justices  by  juries.  And  the  guardian  ad  litem  or  the  youth  shall 
have  the  same  right  of  appeal  from  any  final  decision  rendered  against  the  youth 
in  any  such  proceedings,  whether  upon  a  trial  by  jury  or  otherwise,  as  is  allowed 
by  law  in  other  criminal  cases  tried  before  justices. 

Sec.  164.  Commitment  Fees.  Justices,  constables  and  jurors  shall  receive 
the  same  fees  in  a  proceeding  for  committing  a  youth  to  the  industrial  school  as 
are  allowed  by  law  for  similar  services  in  misdemeanor  cases,  and  such  fees  shall 
be  paid  in  like  manner  as  fees  of  such  officers  and  persons  are  paid  in  misdemeanor 
cases. 

Sec.  165.  Conveyances  of  Youth  to  School — Expense.  As  soon  *as  is 
practicable  after  a  youth,  on  any  account,  is  committed  to  the  industrial  school 
the  papers  in  the  case  shall  be  mailed  to  the  superintendent,  and  such  youth 
shall  remain  in  the  custody  of  the  court  pronouncing  such  commitment,  until 
he  be  delivered  to  an  officer  of  the  industrial  school,  who  shall  be  sent  without 
delay,  and  duly  authorized  by  the  superintendent  to  conduct  such  youth  by  the 
most  direct  and  convenient  route  to  the  said  school;  but  no  youth  committed 
to  the  industrial  school  shall  be  lodged  in  any  jail  or  lockup,  if  he  be  under  the 
age  of  twelve  years.  The  superintendent  shall,  in  so  far  as  is  consistent  with 
the  safe  conveyance  of  youth  to  the  school,  cause  as  many  youths  as  may  be 
committed  from  the  same  or  several  counties  to  be  conducted  to  the  school  at  the 
same  time.  The  expense  incurred  in  conducting  a  youth  to  the  industrial  school, 
including  transportation  and  other  necessary  traveling  expenses  of  the  youth  and 
of  his  conductor,  shall  be  paid  by  the  county  court  out  of  the  treasury  of  the 
county  from  which  the  youth  was  committed  to  the  school,  and  a  written  state- 
ment of  such  necessary  expenditures,  fully  itemized  and  sworn  to  by  the  officer 
making  such  expenditures,  and  attested  by  the  superintendent  of  the  school, 
when  presented  to  any  county  court,  shall  be  a  bill  against  such  court,  to  be  paid 
to  the  industrial  school,  and  credited  to  that  fund  of  the  school  from  which  the 
original  expenditure  was  made;  but  when  two  or  more  youths  shall  be  so  con- 
ducted from  more  than  one  county,  the  necessary  expenditure  on  the  personal 
account  of  the  conductor  shall  be  apportioned  among  the  counties  concerned  in 

*Refers  to  section  one  hundred  sixty. 


60  SCHOOL  LAW  OF  WEST  VIRGINIA 

due  proportion  to  the  mileage  traveled  by  the  youth  from  the  respective  counties. 

Sec.  166.  Offenses.  .If  any  person  shall  entice  or  attempt  to  entice  away 
from  the  industrial  school  any  youth  legally  committed  to  the  same,  or  shall 
aid  or  abet  any  youth  to  escape  from  the  industrial  school,  or  shall  harbor,  con- 
ceal or  aid  or  abet  in  harboring  or  concealing,  any  youth  who  shall  have  escaped 
therefrom  or  shall,  without  the  permission  of  the  superintendent,  give  or  sell, 
or  aid  or  abet  any  other  person  to  give  or  sell,  to  any  youth  in  the  industrial 
school,  whether  on  the  premises  of  such  institution  or  otherwise,  any  money, 
firearms,  intoxicating  drinks,  tobacco,  cigarettes,  or  other  articles  whatsoever, 
or  shall  in  any  way  cause  or  influence,  or  attempt  to  cause  or  influence  or  aid  or 
abet  therein,  any  youth  in  the  industrial  school  to  violate  any  rule  of  the  institu- 
tion or  to  rebel  against  the  government  of  said  school  in  any  particular,  or  shall 
receive  by  the  hands  of  any  such  youth  anything  of  value,  whether  belonging  to 
the  State  or  otherwise,  such  person  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten,  nor  more  than  one  hun- 
dred dollars,  or  be  confined  not  more  than  twelve  months  in  the  county  jail,  or 
both  fined  and  imprisoned  as  aforesaid,  as  the  court  may  deem  proper.  And  the 
superintendent,  or  any  of  his  assistants  or  any  one  authorized  in  writing  by  him, 
or  any  sheriff,  constable,  policeman  or  other  peace  officer,  shall  have  power, 
and  it  is  hereby  made  his  duty  to  arrest  any  youth  when  in  his  power  to  do  so  who 
shall  have  escaped  from  said  school,  and  return  him  thereto. 

Sec.  167.  Transfers  Between  School  and  Penitentiary.  In  any  case 
where  a  youth  is  committed  to  the  industrial  school  for  an  offense  punishable  by 
confinement  in  the  penitentiary  and  it  is  found  by  the  state  board  of  control 
that  the  industrial  school  is  unable  to  benefit  such  youth,  and  that  his  presence 
is  a  detriment  or  meance  to  other  youth  in  the  institution,  or  to  the  general 
good  of  the  school,  he  may  be  securely  returned  to  the  court  which  sent  him,  and 
said  court  shall  thereupon  pass  such  sentence  upon  him  as  to  confinement  in  the 
penitentiary  as  may  be  proper  in  the  premises,  or  as  it  should  have  done  had  it 
not  sentenced  him  to  the  industrial  school.  And  the  governor  shall  have  power, 
when  in  the  judgment  of  the  warden  of  the  penitentiary  and  of  the  superintendent 
of  the  industrial  school,  it  is  advisable,  to  remit  the  penalty  of  any  offender  under 
the  age  of  eighteen  years  confined  in  the  penitentiary,  to  a  commitment  to  the 
industrial  school. ' 

Sec.  168.  Payments  by  Counties  of  Cost  of  Detention — Reimburse- 
ment. The  county  court  of  every  county  shall  pay  into  the  state  treasury 
the  sum  of  fifty  dollars  a  year  on  account  of  each  youth  from  the  county  who 
shall  be  received  in  said  school  of  the  first,  second  or  -third  classes  mentioned  in 
section  one  hundred  sixty-three*.  But  in  all  cases  of  youth  received  in  said 
school  of  the  first  class  mentioned  in  section  one  hundred  sixty-three*,  the  parent, 
if  of  sufficient  means,  and  the  guardian  wrhere  the  youth  has  sufficient  estate, 
shall  annually  reimburse  the  county  the  amount  paid^into  the  state  treasury, 
by  virtue  of  this  section,  on  account  of  such  youth  mentioned  in  the  first  class  of 
section  one  hundred  sixty-three*  and  the  county  court  of  such  county  shall 
have  a  right  to  recover  the  same  of  such  parent  or  guardian  in  any  court  of  com- 
petent jurisdiction. 

Sec.  169.  Lists  of  Inmates  for  Auditor — Application  of  County  Funds. 
The  superintendent  of  said  school  shall  before  the  tenth  day  of  January  in  each 

*Refers  to  section  one  hundred  sixty. 


SCHOOL  LAW  OF  WEST  VIRGINIA  61 

year,  make  out  and  certify  to  the  auditor  and  the  state  board  of  control  each  a 
list  by  counties  of  all  such  youth  as  are  mentioned  in  the  preceding  section, 
who  are  kept  in  the  school  during  the  preceding  year  or  any  part  of  it,  showing 
as  to  each  youth  what  part  of  the  year  he  was  so  kept  in  the  school,  and  to  which 
class  he  belonged.  On  receiving  such  list  the  auditor  shall  charge  to  each  county 
fifty  dollars  on  account  of  each  youth  who  was  kept  in  such  school  during  the 
preceding  year,  and  a  proportionate  amount  on  account  of  each  youth  kept 
in  school  for  any  part  of  such  year  less  than  the  whole.  Any  money  in  the  treasury 
of  the  state  to  the  credit  of  any  such  county  from  whatever  source  arising,  and 
not  appropriated  to  pay  any  other  debt  of  the  county  to  the  State,  shall  be 
applied,  so  far  as  necessary  to  the  payment  of  the  sums  so  charged;  if  any  sum 
in  the" treasury  due  the  county  shall  not  be  sufficient  to  pay  the  whole  amount 
so  charged  against  it,  such  sum  shall  be  applied  as  a  credit  on  the  amount  charged, 
and  the  balance  shall  remain  a  charge  against  the  county. 

Sec.  170.  Certification  of  List  and  Credits  to  County  Court— Levy — 
Compelling  Payment.  Within  ten  days  after  receiving  such  list  the  auditor 
shall  certify  to  the  county  court  of  such  county  a  list  of  the  youth  from  the 
county  in  such  school,  stating  the  class  to  which  each  belongs,  the  length  of  the 
term  during  the  year  he  was  in  such  school,  as  shown  by  the  list  certified  by  the 
superintendent  and  the  amount  due  from  the  county  on  his  account  and  the  total 
amount  due  on  account  of  all.  He  shall  credit  on  such  statement  whatever 
amount  has  been  applied  as  a  payment  thereon  from  any  funds  of  the  county 
in  the  treasury.  Such  statement  shall  be  a  receipt  to  the  county  for  any  amount 
so  credited,  and  shall  be  a  bill  for  any  amount  still  appearing  to  be  due  from  the 
county.  Unless  the  bill  shall  have  been  paid  by  the  application  of  funds  of  the 
county  in  the  state  treasury,  the  county  court  shall  at  its  next  levy  term  provide 
for  the  payment  of  the  same,  or  such  part  as  may  not  have  been  paid,  and  cause 
the  amount  to  be  paid  into  the  state  treasury.  If  the  amount  so  due  from  any 
county  be  not  paid  in  a  reasonable  time  after  such  levy  term,  the  auditor  may, 
in  the  name  of  the  State,  apply  to  the  circuit  court  of  the  county  for  a  mandamus 
to  require  the  county  court  to  provide  for  and  to  pay  the  same,  or  he  may  proceed 
in  the  name  of  the  State  by  any  other  appropriate  remedy  to  recover  the  same. 

Sec.  171.  Parole.  The  state  board  of  control  shall  have  authority,  under 
such  rules  and  regulations  as  they  may  prescribe,  to  grant,  on  recommendation 
of  the  superintendent,  a  parole  to  any  inmate  of  the  industrial  school;  but  while 
said  inmate  is  on  such  parole,  and  until  he  is  discharged  according  to  law,  he  shall 
remain  in  legal  custody  of  the  board  of  control  and  subject  at  any  time  to  be 
returned  to  the  industrial  school,  if  in  the  judgment  of  the  board  the  interests 
of  such  paroled  inmate  will  best  be  served  thereby.  The  written  order  of  said 
board,  certified  by  the  superintendent  shall  be  sufficient  warrant  for  any  officer 
named  therein  to  arrest  and  return  to  the  school  said  paroled  inmate,  and  it  is 
hereby  made  the  duty  of  any  peace  officer,  or  other  person,  so  named,  to  make 
such  arrest  and  return  such  youth  to  the  industrial  school.  All  actual  expenses 
incurred  in  returning  to  the  school  paroled  inmates  shall  be  paid  out  of  funds  appro- 
priated for  the  maintenance  of  the  industrial  school. 

Sec.  172.  Industrial  Home  for  Girls— Name— Location.  "The  West 
Virginia  Industrial  Home"  shall  remain  where  now  located. 

Sec.  173.  Admission.  Girls  eligible  to  be  received  into  said  home  are  those 
who  are  from  seven  to  eighteen  years  of  age,  and  who  may  be  committed  by  any 


62  SCHOOL  LAW  OF  WEST  VIRGINIA 

justice  of  the  peace  of  this  State,  on  complaint  and  due  proof  made  to  him  by  the 
parent,  guardian,  or  next  friend  of  such  girl,  that  by  reason  of  incorrigible  or 
vicious  conduct,  such  girl  has  rendered  her  control  beyond  the  power  of  such 
parent,  guardian  or  next  friend,  and  made  it  manifestly  best  that  such  girl  should 
be  placed  in  said  home,  or  by  any  criminal,  circuit  or  intermediate  court  of  this 
State.  Girls  may  be  committed  for  vagrancy  up  to  eighteen  years  of  age,  or 
where  parents,  guardians,  or  next  friends  agree  and  contract  with  the  state 
board  of  control  for  their  support  and  maintenance,  or  girls  up  to  fifteen  years  of 
age,  who  may  be  found  in  houses  of  ill  fame  or  assignation  houses,  upon  conviction 
thereof  before  any  justice  of  the  peace,  mayor  of  a  town  or  city;  or  girls  convicted 
by  any  of  the  courts  of  this  State  of  felony  or  misdemeanor,  punishable  by  im- 
prisonment, the  judge  in  his  discretion,  instead  of  confining  such  girl  in  the 
county  jail  or  sending  her  to  the  penitentiary,  may  transfer  such  girl  so  convicted 
to  said  home,  from  any  county  of  this  State;  provided,  there  is  room  for  such 
girl.  Every  girl  committed  to  said  home  shall  remain  there  until  she  is  twenty- 
one  years  of  age,  unless  sooner  discharged  by  the  state  board  of  control. 

Sec.  174.  Data  Accompanying  Commitment — Return  and  Sentence. 
It  shall  be  the  duty  of  the  justice  of  the  peace,  mayor  or  other  authority,  when 
committing  any  girl  to  said  home,  in  addition  to  the  commitment,  to  annex  the 
name  and  residence  of  the  witness  examined,  and  the  substance  of  the  testimony 
given  on  which  the  adjudication  was  founded,  as  well  as  the  name  and  residence 
of  the  girl,  the  name  of  her  parents,  and  their  residence,  if  known.  Any  girl  who 
may  be  found  incorrigible,  or  pregnant,  or  otherwise  an  improper  subject  for 
admission  to  said  institution,  may  be  returned  by  the  board  of  education  to  the 
court,  justice  or  other  authority  by  whom  she  was  committed,  and  thereupon  such 
court,  justice  or  other  authority,  shall  have  power  to  pass  sentence  as  would  have 
been  legal  in  the  first  instance,  as  if  such  girl  had  not  been  sent  to  said  home. 

Sec.  175.  Trial  on  Complaint.  In  all  cases  coming  before  a  justice,  mayor 
or  other  authority,  they  shall  appoint  a  guardian  ad  litem  for  such  girl,  who 
shall  be  some  disinterested  person,  discreet  and  careful,  and  who  shall  see  that 
no  injustice  is  done  the  girl;  and  he  shall  have  the  right  to  demand  a  trial  for  his 
ward  by  a  jury  of  twelve  men  to  ascertain  the  truth  of  the  charges  against  the 
girl,  and  said  jury  shall  be  selected  and  trial  conducted,  as  other  trials  are  con- 
ducted by  justices  in  criminal  cases  before  them.  Or,  said  justice  or  court  may, 
without  a  jury,  try  such  girl,  if  no  jury  is  demanded  by  her  guardian  or  next 
friend. 

Sec.  176.  Separation  of  Races.  The  said  industrial  home  shall  be  exclusively 
charged  with  the  reformation  and  care  of  girls,  but  white  and  colored  shall  be 
held  separate  as  far  as  practicable. 

Sec.  177.  Binding  Out  Inmates  as  Apprentices.  The  board  of  control 
shall  have  power  to  bind  out  such  girls  as  committed  to  their  care  as  apprentices 
to  the  time  said  girls  shall  arrive  at  twenty-one  years  of  age,  to  learn  some  proper 
trade,  business  or  calling,  on  such  terms  as  shall  be  advantageous  to  such  girls; 
but  such  girls  so  bound  out,  are  to  be  bound  only  to  those  whose  characters  are 
above  reproach,  and  within  the  State. 

The  indentures  by  which  any  girl  may  be  so  bound  shall  state  for  what  period 
she  is  bound,  her  age,  what  trade,  art  or  business  she  is  to  follow,  and  that  the 
master  shall  see  that  for  at  least  five  months  in  each  year  said  apprentice  shall 
be  sent  to  the  free  schools  of  the  state,  and  shall  be  bound  to  furnish  school 


SCHOOL  LAW  OF  WEST  VIRGINIA  63 

books  requisite  to  learn  the  usual  branches  taught;  the  amount  to  be  paid  said 
child  for  each  year,  if  anything  above  the  maintenance  of  said  child,  and  for 
what  year  or  years,  and  the  master  shall  bind  himself  with  good  security  to  pay 
the  amount  agreed  upon,  which  sum  of  money,  if  any,  contracted  to  be  paid, 
shall  be  reserved,  to  be  paid  said  girl  or  girls  so  bound,  when  their  apprenticeship 
shall  cease  with  interest,  and  said  board  shall  not  bind  out  any  girl  under  the 
provisions  of  this  act  unless  the  master  bind  himself  to  comply  with  the  conditions 
thereof,  and  whatever  salary  said  master  shall  give,  shall  be  paid  to  the  state 
board  of  control;  and  it  shall  be  the  duty  of  said  board  to  collect  the  same  accord- 
ing to  the  tenor  or  effect  of  such  contract,  and  turn  the  same  over  to  the  girl  when 
she  arrives  at  twenty-one  years  of  age,  or  sooner  if  she  marries*  when  the  same 
shall  be  turned  over  to  her. 

Sec.  178.  Cruelty  to  Apprentices.  For  cruelty  or  inhuman  treatment  by 
such  master  of  such  apprentice,  the  circuit  court  of  the  county  in  which  such 
master  or  apprentice  may  reside,  or  any  justice  of  the  peace  of  any  such  county 
shall  have  jurisdiction  to  try  same,  and  upon  conviction  of  such  master  for  cruel 
or  inhuman  treatment  of  such  child,  such  master  shall  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars,  and  may  in  addition  thereto  be  confined  in 
jail  not  to  exceed  ninety  days. 

Sec.  179.  Removal  of  Apprentices — Escapes.  No  master  can  remove  such 
child  out  of  the  county  where  she  has  been  bound  by  such  board,  except  on  the 
written  permit  of  such  board;  and  any  person  who  shall  aid  or  assist  any  girl 
who  has  been  committed  to  said  institution,  or  who  is  subject  thereto,  to  escape 
from  any  other  home  or  other  place  where  she  has  been  placed  by  the  officers  of 
the  said  institution,  or  who  shall  aid  or  assist  any  such  girl  to  leave  this  State, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  five  nor  more  than  twenty-five  dollars,  and  any  justice  of  the  county 
wherein  such  offense  is  committed  shall  have  jurisdiction  thereof. 

Sec.  180.  Jurisdiction  of  Apprentices— By  Circuit  Court— Desertion . 
The  circuit  court  of  the  county  shall  in  a  summary  way  be  open  to  hear  any 
complaint  of  such  master  against  his  apprentice  or  to  said  apprentice  against  the 
master,  and  shall  make  such  order  in  relation  thereto  as  it  shall  deem  fair  and 
right.  Any  apprentice  who  shall  desert  the  service  of  such  master  shall  receive 
no  pay  (if  the  pay  exceed  the  maintenance),  while  such  desertion  continues, 
and  anyone  -who  shall  knowingly  harbor  such  apprentice  shall  be  liable  to  said 
master  three  dollars  for  every  day  such  harboring  or  concealing  such  apprentice 
exists,  to  be  recovered  before  any  court  having  jusrisdiction. 

Sec.  181.  Other  State  Educational  Institutions.  On  and  after  the  first 
day  of  July,  one  thousand  nine  hundred  and  nineteen,  the  West  Virginia  schools 
for  the  deaf  and  the  blind,  and  such  other  state  educational  institutions  as  may 
hereafter  be  established  by  the  legislature,  shall  be  under  the  control  and  man- 
agement of  the  state  board  of  education  and  the  state  board  of  control,  as  pro- 
vided in  this  act  for  other  state  educational  institutions. 

Sec.  182.  Shall  Make  Reports.  On  the  first  day  of  October  of  each  year 
or  as  soon  thereafter  as  practicable,  the  state  board  of  education  through  the 
state  superintendent  of  schools,  shall  make  to  the  governor  a  full  report  concerning 
the  state  educational  institutions  (a  copy  whereof  shall  be  filed  with  the  state 
board  of  control  at  the  same  time)  which  shall  show  the  number  of  persons  em- 
ployed about  each  of  the  said  institutions;  the  official  designation  of  each  of 


64  SCHOOL  LAW  OF  WEST  VIRGINIA 

such  persons,  and  the  amount  and  rate  of  compensation  paid  to  him;  and  shall 
report  the  amount  disbursed  by  them  of  any  funds  under  their  control,  stating 
the  purposes  for  which  expended  and  the  amount  expended  for  each  purpose, 
and  the  number  of  days  actually  engaged  by  the  persons  employed  about  each  of 
their  said  institutions,  including  teachers  and  professors.  Said  report  shall  also 
show  the  number  of  students  actually  attending  each  of  said  institutions,  and 
the  number  of  students  enrolled  in  each  school  or  department  of  each  of  said 
institutions,  and  the  total  cost  of  each  of  said  schools  or  departments;  and  shall 
make  special  reports  to  the  governor  as  he  may  request;  and  may  make  recom- 
mendations respecting  legislation  needed  to  promote  the  welfare  of  their  insti- 
tutions. 

The  state  board  of  control  and  the  state  board  of  education  shall  from  time  to 
time  as  may  be  necessary,  make  a  report  to  the  auditor,  which  shall  state  the 
names  of  each  person  employed  by  each  of  them  at  any  of  the  institutions  named 
in  section  seven  of  this  act,  his  official  designation  and  the  rate  of  compensation 
per  month  (or  by  the  day  or  week  if  employed  for  less  than  a  month)  and  out  of 
what  funds  or  appropriation  the  same  i>  payable.  The  chief  officer  or  head 
teacher  of  any  such  institutions,  or  other  person  who  may  have  been  appointed 
for  the  purpose  by  the  state  board  of  control,  shall  make  out  and  certify  to  the 
auditor  at  the  end  of  each  month  a  list  of  persons  to  whom  any  payments  may  be 
due,  stating  for  what  purpose  due,  the  amount  due  each  person  and  the  fund  or 
appropriation  from  which  payable;  one  copy  whereof  shall  be  filed  in  the  office  of 
the  institution  where  made,  and  one  in  the  office  of  the  state  board  of  control. 
If  the  auditor  finds  such  list  correct  and  in  accordance  with  the  reports  made 
to  him  by  the  state  board  of  control,  or  the  state  board  of  education,  he  may 
pay  to  the  persons  entitled  thereto  the  amounts  so  certified  as  due  etich. 

Sec.  183.  Voting  of  Bonds.  In  any  district  or  independent  district  the 
board  of  education  may  borrow  money  and  issue  bonds  therefor,  for  the  purpose 
of  purchasing  school  sites,  and  erecting,  completing,  enlarging,  repairing  or 
furnishing  school  buildings  in  such  district  or  independent  district;  provided, 
however,  that  no  such  debt  shall  be*  contracted  under  this  section  unless  all 
questions  connected  therewith  shall  have  been  first  submitted  to  a  vote  of  the 
people  of  such  district  or  independent  district,  at  a  general  or  special  election, 
and  have  received  a  majority  of  three-fifths  of  all  the  votes  cast  for  and  against 
the  same;  and  provided,  further,  that  no  debt  shall  be  contracted  under  this 
section  which  shall,  including  existing  indebtedness,  in  the  aggregate,  exceed 
two  and  one-half  per  centum  of  the  value  of  the  taxable  property  in  the  district 
or  independent  district,  as  ascertained  by  the  last  assessment  thereof  for  state  and 
county  taxes,  nor  without  at  the  same  time  submitting  to  the  voters  of  such 
district  at  the  election  held  for  the  purpose  of  authorizing  bonds,  the  question  of 
authorizing  a  special  levy  sufficient  to  pay  the  interest  annually  on  all  the  out- 
standing bonds  and  to  retire  annually  a  proportionate  amount  of  the  principal  of 
such  bonds.  If  a  majority  of  the  votes  cast  at  such  election  be  in  favor  of  such 
levy,  the  board  of  education  shall  have  authority  to  lay  such  levy  and  may  con- 
tinue to  lay  the  same  or  such  portion  thereof  as  may  be  necessary,  from  year  to 
year,  without  an  additional  vote,  until  such  bonded  indebtedness  is  paid  off  and 
discharged;  but  the  funds  arising  from  such  levy  shall  be  used  for  the  purpose 
designated,  and  no  other. 

Such  bonds  shall  not  be  issued  for  a  longer  period  than  twenty  years,  nor 


SCHOOL  LAW  OF  WEST  VIRGINIA  65 

shall  they  be  sold  for  less  than  their  par  value,  nor  bear  interest  at  a  greater  rate 
than  six  per  centum.  They  shall  be  issued  serially  in  equal  installments,  so  that 
after  the  first  five  years  from  the  date  of  their  issue  one  of  the  series  will  fall  due 
and  be  payable  in  every  year  of  the  remaining  period  of  their  issue.  Such  bonds 
shall  also  contain  a  provision  authorizing  the  board  of  education  after  five  years 
from  the  date  of  issue  to  pay  any  or  all  of  the  remaining  outstanding  bonds  at 
any  interest  period,  by  notifying  the  holders  of  such  bonds  by  letter,  if  the  names 
and  postoffice  addresses  of  such  holders  be  known  to  the  board,  and  by  giving  at 
least  sixty  days'  notice  by  publication  in  one  or  more  newspapers,  said  bonds  to 
be  retired  in  the  order  in  which  they  fall  due. 

The  issuance  of  such  bonds  shall  be  in  accordance  with  the  provisions  of  chapter 
fifty-seven  of  the  acts  of  the  Legislature  of  one  thousand  nine  hundred  and 
seventeen  (regular  session). 

Sec.  184.  School  Elections— How  Held.  Any  and  all  elections  authorized 
by  this  act,  for  school  purposes,  may  be  held  separately  or  in  connection  with 
any  general  or  special  election.  Notice  of  such  election  shall  be  given  by  the 
publication  of  the  order  of  the  board  calling  the  same,  in  two  newspapers  of 
different  political  parties  and  having  general  circulation  in  the  territory  in  which 
the  election  is  to  be  held,  at  least  once  each  week  for  two  successive  weeks.  If 
there  is  only  one  newspaper  in  general  circulation  in  the  territory  in  which  the 
election  is  to  be  held,  then  the  notice  of  publication  shall  be  made  therein.  Printed 
copies  of  the  aforesaid  order  shall  be  posted  at  each  place  of  voting  at  least  ten 
days  before  the  election.  All  provisions  of  the  law  concerning  general  and  special 
elections  shall  apply  in  such  elections  in  so  far  as  is  practicable,  except  that  the 
board  calling  the  election  shall  appoint  necessary  election  officers  and  shall  can- 
vass the  returns,  and  the  secretary  of  the  board  shall  procure  and  furnish  to  the 
election  commissioners  at  each  place  of  voting  the  tickets,  poll  books,  tally 
sheets  and  other  things  needed.  In  calling  elections,  district  and  county  board  of 
education  shall  follow  the  forms  to  be  prescribed  by  the  attorney  general. 

SHERIFFS— DUTIES  AS.  TO  SCHOOL  FUNDS 

Sec.    185.     Collections    and    Disbursement    of    School    Money — Bond. 

The  sheriff  of  the  county  shall  receive,  collect  and  disburse  all  school  money  for 
the  county  and  the  several  districts  and  independent  districts  therein.  But 
before  receiving  or  collecting  any  such  school  money  he  shall  give  in  addition  to 
his  bond  as  collector  of  the  state  and  county  taxes,  a  bond  with  approved  security 
in  a  penalty  double  the  amount  of  school  money  which  will  probably  come  into 
his  hands  for  school  purposes  during  any  one  year  of  his  term  of  office. 

Sec.  186.  Pay  Orders.  He  shall  keep  accounts  with  the  boards  of  education 
of  the  various  districts  and  independent  districts  of  the  money  belonging  to  the 
several  funds,  as  provided  by  law,  and  shall  credit  every  receipt  and  charge  every 
disbursement  to  the  fund  to  which  it  belongs.  He  shall  pay  out  no  money  except 
upon  orders  of  the  respective  boards  specifying  the  amount  to  be  paid,  the  purpose 
for  which  paid  and  the  fund  to  which  it  is  to  be  charged,  signed  by  the  president 
and  secretary  and  countersigned  by  the  county  financial  secretary,  or  by  the 
president  and  one  other  member,  as  prescribed  in  section  ninety-three*  ot  this 
act,  and  countersigned  by  the  county  financial  secretary. 

*Refers  to  section  ninety. 


66  SCHOOL  LAW  OF  WEST  VIBGINIA 

Sec.  187.     Annual  Settlement  with  County  Financial  Secretary.    He 

shall  on  or  immediately  before  the  first  day  of  July  in  each  year,  settle  with  the 
county  financial  secretary  for  each  district  and  independent  district  in  the  county. 
In  this  settlement  he  shall  be  charged  with  the  amount  of  taxes  and  of  general 
school  fund  apportioned  to  each  district  or  independent  district  by  the  county 
superintendent  and  the  amount  of  taxes  levied  by  the  board  of  education  upon 
the  property  of  each  district  or  independent  district  for  the  teachers'  fund,  for 
the  building  fund  and  all  other  school  funds,  and  for  any  other  money  received  by 
him  during  the  current  year  on  account  of  the  free  schools  of  such  district  or 
independent  district;  and  he  shall  be  credited  with  the  amount  of  delinquent 
school  tax  in  such  district  or  independent  district  that  has  been  duly  certified 
by  the  clerk  of  the  county  court  to  such  board  of  education. 

If  any  county  financial  secretary  fails  to  make  the  settlement  required  by  this 
section,  with  the  sheriff  within  the  proper  time  as  aforesaid,  he  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  be  fined  twenty  dollars,  the  pro- 
ceeds of  which  fine  shall  be  placed  to  the  credit  of  the  building  fund  of  the  dis- 
trict for  which  said  settlement  is  not  made. 

Sec.  188.  Payments  in  Excess.  He  shall  be  credited  in  such  settlements 
with  all  orders  paid  and  produced  by  him,  if  found  to  be  correct  by  the  board 
of  education,  and  he  shall  receive  no  other  credits  except  his  commission  as 
hereinafter  provided.  If  any  sheriff  shall  pay  out  in  any  one  year  more  money 
on  account  of  the  teachers'  funds  or  of  the  building  funds  or  of  any  other  fund, 
than  shall  have  been  levied  and  could  have  been  collected  by  him  during  said 
year  together  with  the  amount  remaining  in  his  hands  from  any  preceding  year, 
he  shall  in  such  settlement  receive  no  credits  for  such  excess. 

Sec.  189.  Method  of  Settlement.  In  making  said  settlement  it  shall  be 
the  duty  of  the  sheriff  to  prepare  and  present  to  the  said  board  of  education  in 
duplicate  separate  lists  of  all  the  credits  claimed  by  him  against  each  of  the 
several  school  funds  collected  by  him  showing  the  amount,  date  and  number  of 
each  voucher  or  order,  and  to  whom  payable,  together  with  the  statement  of  the 
proper  debits  to  the  several  funds  to. which  he  is  chargeable;  which  lists  and 
statements  together  with  the  vouchers  claimed  as  credits  by  the  sheriff  shall  be 
endorsed  by  the  secretary  of  the  board  on  the  back  of  each  with  the  words  "Set- 
tled by  board  of  education,"  under  which  the  secretary  shall  sign  his  name  and 
enter  the  date  of  the  settlement,  and  said  statements  and  lists  as  corrected  shall 
be  signed  by  said  sheriff  and  by  the  president  and  secretary  of  the  said  board  of 
education  in  duplicate,  one  copy  to  be  retained  by  said  board  and  the  other, 
together  with  the  vouchers  and  orders  shall  be  turned  over  to  the  sheriff,  who  shall 
as  soon  as  may  be  deliver  them  to  the  clerk  of  the  county  court,  and  the  same 
shall  serve  as  a  basis  for  the  settlement  required  by  section  seven  of  article 
twelve  of  the  constitution,  and  section  one  hundred  and  ninety-three*  of  this 
act. 

Sec.  190.  Settlement  with  County  Court.  In  addition  to  the  settlements 
required  by  the  sheriff  with  each  board  of  education,  every  sheriff  shall  also  make 
the  annual  settlements  by  districts  with  the  county  court  of  his  county  at  the 
next  term  after  the  first  day  of  July  in  each  year,  showing  an  itemized  statement 
of  all  money  disbursed  for  the  preceding  year  on  account  of  the  building  fund, 
the  teachers'  fund,  and  any  other  school  funds  in  his  hands,  showing  the  amount, 

*Refers  to  section  one  hundred  ninety. 


SCHOOL  LAW  OF  WEST  VIRGINIA  67 

date  and  number  of  each  credit  voucher  and  to  whom  payable,  and  the  balance 
due  each  district  and  independent  district  on  each  of  said  funds,  which  settlement 
shall  be  made  a  matter  of  record  by  the  clerk  of  said  court  in  a  book  kept  for 
that  purpose. 

Sec.  191.  Corrections  in  Settlement.  But  the  settlement  made  by  the 
sheriff  with  the  several  school  districts  of  the  county,  as  provided  in  section  one 
hundred  and  ninetyf  of  this  act,  when  found  correct  and  properly  signed  and 
turned  over  to  the  clerk  of  said  court  as  required  by  section  one  hundred  and 
ninety-two*  of  this  act,  may  be  taken  and  treated  as  the  settlements  required  to 
be  made  and  recorded  by  section  one  hundred  and  ninety-threef  of  this  act; 
provided,  however,  that  the  prosecuting  attorney  or  any  taxpayer  of  the 
county  may  appear  before  said  court  for  the  purpose  of  making  corrections  in 
said  report,  and  said  court  may  hear  said  objections,  after  reasonable  notice  to 
the  sheriff  and  board  of  education  and  make  such  corrections  as  may  be  proper, 
and  when  corrected  said  settlements  shall  be  recorded;  and  said  settlement  and 
vouchers  turned  over  the  clerk  of  said  court  shall  be  filed  by  said  clerk  by  districts. 

Sec.  192.  Failure  to  Account  for  or  to  Pay  Orders.  If  he  shall  fail  to 
account  for  and  pay  over  as  required  by  law  any  money  which  may  come  into  his 
hands  or  for  which  he  is  liable,  judgment  may  be  rendered  therefor  against  him 
and  his  sureties  with  interest  and  ten  per  cent  damages;  and  upon  the  failure 
of  such  sheriff  to  pay  any  proper  order  issued  by  the  said  board  of  education,  the 
person  entitled  to  receive  the  sum  of  money  specified  in  such  order  may  require 
the  sheriff  to  endorse  thereon  or  write  across  the  face  thereof  the  words  "presented 
for  payment"  with  the  proper  date  and  sign  the  same,  and  judgment  upon 
motion  after  at  least  ten  days'  notice  may  be  obtained  against  the  sheriff  before 
any  justice  of  his  county  or  before  the  circuit  court  thereof,  with  interest  from 
the  time  said  order  was  presented  and  ten  per  cent  damages.  But  a  sheriff  shall 
not  be  required  to  endorse  any  school  order  nor  shall  suit  be  brought  on  any  such 
school  order  prior  to^the  first  day  of  November  of  the  current  school  year. 

Sec.  193.  Failure  to  Settle.  If  any  sheriff  fails  to  make  the  settlement 
required  by  section  one  hundred  ninety*  of  this  act  at  the  time  required,  without 
reasonable  cause  therefor,  he  shall  be  charged  in  said  settlement  with  twelve  per 
cent  interest  on  all  school  money  in  his  hands  for  the  time  he  is  in  default  in 
making  the  said  settlement.  If  the  sheriff  fails  to  make  the  said  settlement  at 
the  time  required  it  shall  be  the  duty  of  the  prosecuting  attorney  to  proceed  by 
action  against  him  and  his  sureties  in  the  circuit  court  to  recover  the  fine  and 
penalty  imposed  upon  him  by  this  section  and  by  section  one  hundred  ninety- 
fivej  of  this  act. 

Every  retiring  sheriff  shall  immediately  after  he  shall  have  made  his  final 
settlement  in  the  manner  herein  provided,  pay  and  turn  over  to  his  successor  in 
office  such  balance  as  may  be  shown  to  be  due  from  him  by  said  settlement. 

Sec.  194.  The  provisions  of  this  act  shall  in  no  manner  infringe  upon  the  powers 
and  privileges  heretofore  granted  by  any  special  act  or  acts  to  any  independent 

tRefers  to  section  one  hundred  eighty-seven. 
*Refers  to  section  one  hundred  eighty-seven. 
tRefers  to  section  one  hundred  ninety. 
tRefers  to  section  one  hundred  ninety-two. 


68  SCHOOL  LAW  OF  WEST  VIBGINIA 

school  district  in  the  State;  and  any  independent  school  district  may  avail  itself 
of  any  of  the  provisions  of  this  act  as  determined  by  the  board  of  education  of 
said  independent  district. 

Sec.  195.    All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 


SCHOOL  LEVIES  AND  SCHOOL  FUNDS 


(Being  that  part  of  Chapter  126,  Acts  of  the  Legislature  of  1919,  Regular  Session 
relating  to  School  Levies  and  School  Funds) 


Section  1.  The  county  court  of  every  county,  the  board  of  education  of  every 
school  and  independent  school  district  and  the  common  council  or  other  fiscal 
body  in  lieu  thereof  of  every  municipal  corporation,  shall  hold  a  session  on  the 
second  Tuesday  in  August  in  each  year  for  the  transaction  of  business  generally , 
and  especially  for  the  transaction  of  business  as  herein  required. 

Statement  and  Levies  by  Boards  of  Education 

Sec.  5.  At  its  session  held  on  the  second  Tuesday  in  August  as  aforesaid, 
the  board  of  education  of  every  district  and  independent  district  except  the 
independent  school  district  of  Wheeling,  shall,  if  a  majority  of  the  ballots  cast 
upon  the  question  of  laying  a  levy  in  the  district  or  independent  district  as  pro- 
vided in  chapter  forty-five  of  the  code  have  printed  or  written  thereon  "For  school 
levy,"  ascertain  the  condition  of  the  fiscal  affairs  of  the  district  and  make  up  an 
itemized  statement  thereof,  distinguishing  between  elementary  and  high  schools 
and  the  various  funds  hereinafter  provided  for  each,  which  statement  shall  set 
forth  in  detail:  First:  The  separate  amounts  due  the  various  funds  of  the 
district,  and  the  amounts  that  will  come  due  and  collectible  during  the  current 
fiscal  year  except  from  the  levy  of  taxes  to  be  made  for  the  year; 

Second:  The  debts  and  demands  owed  by  the  district,  and  the  debts  and 
demands  that  will  become  due  and  payable  during  the  current  fiscal  year,  includ- 
ing interest  on  any  indebtedness,  funded,  bonded  or  otherwise; 

Third:  All  other  expenditures  under  the  several  heads  of  expenditures,  to  be 
made  and  payable  out  of  the  levy  of  the  district  for  the  current  fiscal  year,  with 
proper  allowances  for  delinquent  taxes,  exonerations  and  contingencies.  Said 
statement  shall  also  set  forth  the  separate  amount  necessary  to  be  raised  for 
each  fund  by  the  levy  of  taxes  for  the  current  fiscal  year,  the  proposed  rate  of 
such  levy  in  cents  on  each  one  hundred  dollars  assessed  valuation  of  the  taxable 
property  in  the  district  for  each  of  such  funds,  and  the  separate  and  aggregate 
amounts  of  the  assessed  valuation  of  real  estate,  personal  property,  and  public 
utility  property  assessed  by  the  board  of  public  works.  A  copy  of  such  statement 
duly  certified  by  the  secretary  of  the  board  shall  immediately  be  forwarded  to 
the  state  tax  commissioner,  and  said  statement  shall,  before  the  next  meeting  of 
the  board,  be  published  once  in  two  newspapers  of  opposite  politics  in  the  county, 
if  there  be  two  such  newspapers  of  general  circulation  in  the  county.  If  there  be 
but  one  newspaper  published  in  the  county,  the  publication  shall  be  made  therein. 


70  SCHOOL  LAW  OF  WEST  VIEGINIA 

The  session  shall  then  stand  adjourned  until  the  fourth  Tuesday  in  August,  at 
which  time  it  shall  reconvene  and  [  *  *  *  and  it  shall  then  be  the  duty 
of  said  court  (or  board  of  education)  to  hear  and  consider  any  objections  made 
orally  or  in  writing,  by  the  prosecuting  attorney,  by  the  state  tax  commissioner 
or  his  representative,  or  by  any  taxpayer  of  the  county,  to  said  estimate  and 
proposed  levy,  or  any  item  thereof.  It  shall  be  the  duty  of  the  court  (or  board  of 
education)  to  enter  an  order  of  record  showing  the  objections  so  made,  setting 
forth  the  reasons  and  grounds  for  such  objections.  But  the  failure  of  any  officer  or 
taxpayer  to  offer  objections  as  nerein  provided  shall  not  preclude  him  from  pur- 
suing any  legal  remedy  necessary  to  correct  any  levy  made  by  any  fiscal  body 
named  in  this  act.  After  said  objections  have  been  made  and  heard,  the  court 
(or  board  of  education)  shall  thereupon  reconsider  the  proposed  original  esti- 
mate and  proposed  rate  of  levy,  and  if  the  objection  thereto  or  any  part  thereof 
appear  to  be  well  taken,  the  court  (or  board  of  education)  shall  correct  the  same 
accordingly,  and  it  shall  thereupon  be  approved,  and  when  approved  shall,  with 
the  order  approving  it,  be  entered  by  the  clerk  (or  secretary)  in  the  proper  record 
book.  After  having  entered  the  statement  as  finally  approved,  in  its  book  of 
record  or  proceedings,  the  board  shall  thereupon  levy  as  many  cents  on  each 
one  hundred  dollars  assessed  valuation  of  the  taxable  property  in  the  district, 
according  to  the  last  assessment  thereof,  as  will  produce  the  amounts  shown  by 
the  statement  approved  to  be  necessary  as  follows: 

For  Elementary  Schools 

(a)  For  maintenance  building  fund  purposes,  a  levy  not  to  exceed  ten  cents, 
which  fund  shall  be  used  for  the  purposes  for  which  the  building  fund  as  now 
provided  by  law  is  used,  except  that  no  part  of  such  fund  shall  be  used  for  pur- 
chasing lands  or  erecting  new  buildings,  or  additions,  or  for  equipping  and  furnish- 
ing same;   but  if  the  rate  of  levy  as  herein  provided  for  maintenance  building 
fund  purposes  will  not  produce  a  sufficient  fund  for  such  purposes,  the  deficiency 
shall  be  made  up  from  the  general  school  fund  as  provided  for  in  section  seven  of 
this  act. 

(b)  For  new  building  fund  purposes,  a  levy  not  to  exceed  twenty  cents,  which 
fund  shall  be  used  for  the  purpose  of  purchasing  lands  and  the  erection  of  build- 
ings thereon,  for  the  purchase  and  remodeling  of  buildings,  and  for  building  addi- 
tions to  school  houses,  and  for  furnishing  and  equipping  the  same.    Where, 
however,  an  exigency  exists  for  additional  housing  and  the  levy  herein  provided 
is  not  sufficient  to  provide  for  same,  an  additional  levy  hereunder  may  be  laid, 
not  to  exceed  twenty  cents,  but  such  levy  shall  not  be  made  until  the  same  shall 
have  been  first  submitted  to  and  approved  in  writing  by  the  state  superintendent 
of  free  schools  and  the  state  tax  commissioner.    Such  buildings  shall  be  con- 
structed according  to  and  under  the  conditions  now  provided  by  law. 

(c)  For  teachers'  fund  purposes,  a  levy  not  to  exceed  forty  cents,  for  the  pur- 
pose of  maintaining  the  schools  of  the  district  for  a  minimum  term  of  six  months, 
or  for  a  longer  term  where  the  same  has  been  extended  by  or  according  to  law. 
(In  case,  however,  the  levy  hereunder;  including  the  supplemental  apportion- 
ment of  the  general  school  fund  hereinafter  provided,  will  not  produce  a  sufficient 
fund  to  pay  minimum  salaries  to  a  sufficient  number  of  teachers  for  all  the  schools 


SCHOOL  LAW  OF  WEST  VIEGINIA  71 

of  the  district  for  the  minimum  term  it  shall  be  the  duty  of  the  board  of  education 
to  lay  an  additional  levy  to  make  up  the  deficiency  in  the  teachers'  fund.) 

(d)  In  any  district  or  independent  district  where  the  term  of  school  has  been, 
or  shall  hereafter  be,  extended  for  a  longer  period  than  the  minimum  term  by  a 
majority  of  the  votes  cast  at  an  election  therein  as  provided  in  section  twenty- 
seven  of  chapter  forty-five  of  the  code  of  West  Virginia  of  one  thousand  nine 
hundred  and  sixteen,  and  the  maximum  rate  of  levy  hereinbefore  provided  for 
maintenance  building  fund  purposes  and  teachers'  fund  purposes  will  not  pro- 
vide sufficient  funds  to  defray  the  expenses  of  the  term  provided  by  such  election, 
the  board  of  education  shall  lay  a  levy  sufficiently  high  to  provide  the  funds 
necessary  to  conduct  the  schools  in  such  district  fqr  the  term  provided  by  such 
election,  and  such  levy  shall  be  separated  into,  and  designated  as,  maintenance 
building  fund  levy,  and  teachers'  fund  levy.    The  term  of  school  fixed  by  such 
election  shall  continue  from  year  to  year  so  long  as  a  majority  of  the  votes  cast 
at  the  election  at  which  the  question  of  "school  levy"  is  submitted,  be  in  favor 
of  such  "school  levy,"  or  until  the  term  so  fixed  shall  be  changed  by  a  majority 
vote  of  the  people  in  such  district. 

(e)  If  the  majority  of  the  taxpayers  of  a  sub-district  within  an  incorporated 
municipality,  the  boundaries  of  which  sub-districts  are,  or  shall  be  made,  co- 
extensive with  the  boundaries  of  such  municipality,  file  with  the  board  of  educa- 
tion of  the  district  in  which  such  sub-district  is  a  part,  at  their  meeting  on  the 
second  Tuesday  in  August,  a  petition  praying  for  an  extension  of  the  school 
term  therein  for  a  given  number  of  months,  the  board  shall  extend  the  term  of 
such  school  for  the  number  of  months  prayed  for  in  such  petition,  and  shall  lay 
levies  sufficiently  high  on  each  one  hundred  dollars'  assessed  valuation  of  the 
taxable  property  in  such  sub-district  according  to  the  last  assessment  thereof, 
for  such  extension,  which  levies  shall  be  separated  into  and  designated  as  main- 
tenance building  fund  levy  and  a  sub-district  teachers'  fund  levy. 

For  High  Schools 

For  high  schools  for  current  purposes  under  such  regulations  as  are  prescribed 
by  law,  a  levy  of  not  to  exceed  twenty  cents,  and  in  making  up  the  estimate  and 
proposing  levies  therefor  as  provided  in  section  five,  the  board  of  education  shall 
separate  the  same  into  two  funds  as  follows:  Maintenance  building  fund  pur- 
poses and  teachers'  fund  purposes. 

In  case  the  levy  herein  provided  for  high  school  purposes  will  not  produce 
sufficient  funds  to  continue  any  high  school  for  the  term  fixed  by  law,  the  board 
of  education  may  lay  a  levy  sufficiently  high  to  maintain  such  high  school  for 
the  said  term. 

Sec.  6.  Within  three  days  after  the  board  of  education  has  laid  the  levies 
for  the  various  funds  hereinbefore  provided,  it  shall  be  the  duty  of  the  secretary 
of  the  board  to  forward  a  certified  copy  of  the  orders  laying  levies  to  the  state 
tax  commissioner  and  to  report  the  rate  of  levy  for  each  fund  to  the  county  super- 
intendent and  the  assessor,  and  within  three  days  thereafter  it  shall  be  the  duty 
of  the  county  superintendent  to  report  the  rate  of  levy  for  each  of  the  various 
funds  to  the  clerk  of  the  county  court  and  the  assessor,  and  the  rate  of  levy  for 
all  funds,  and  the  total  value  of  real  and  personal  property  in  each  district  and 
independent  district  to  the  state  superintendent  of  free  schools  and  the  auditor; 


72  SCHOOL  LAW  OF  WEST  VIRGINIA 

and  it  shall  thereupon  be  the  duty  of  the  proper  county  officers  to  extend  on  the 
land  and  personal  property  books  the  amount  of  taxes  levied  aforesaid,  which 
taxes  the  sheriff  shall  collect  and  account  for  as  required  by  law. 

The  General  School  Fund 

Sec.  7.  The  proceeds  of  the  capitation  tax,  the  income  of  the  school  fund, 
the  net  proceeds  of  all  forfeitures  and  fines  which  accrued  to  the  State  during 
the  previous  year  and  all  moneys  arising  from  the  sources  named  in  section  four 
of  article  twelve  of  the  constitution  heretofore  going  to  the  "school  fund,"  but 
as  now  amended  going  to  the  "general  school  fund,"  all  interest  on  public  moneys 
received  from  state  depositories,  state  license  tax  on  marriages,  state  tax  on  for- 
feitures, state  tax  on  state  licenses  except  state  licenses  paid  direct  to  the  state 
auditor  and  secretary  of  state  (the  income,  however,  from  the  last  three  named 
sources  shall  be  paid  into  the  "general  school  fund"  beginning  July  first,  one 
thousand  nine  hundred  and  nineteen),  and  all  funds  from  any  source  paid  into 
the  treasury  for  school  purposes  and  not  otherwise  appropriated,  shall  be  set 
apart  for  the  support  of  free  schools,  as  a  separate  fund  to  be  called  "the  general 
school  fund."  Such  fund  shall  be  used  to  supplement  the  maintenance  building 
fund  of  elementary  schools,  and  the  teachers'  fund  of  elementary  schools  in  dis- 
tricts where  the  maximum  levy  for  teachers'  purposes  will  not  provide  sufficient 
funds  to  pay  minimum  salaries  to  a  sufficient  number  of  teachers  for  all  the 
elementary  schools  of  the  district  for  the  minimum  term,  and  for  the  purposes 
enumerated  in  the  following  paragraph: 

It  shall  be  the  duty  of  the  auditor,  on  or  before  the  twentieth  day  of  July  in 
each  year,  to  ascertain  the  amount  of  the  general  school  fund  for  distribution, 
after  first  deducting  the  aggregate  salary  of  the  state  superintendent  of  free 
schools,  his  necessary  traveling  expenses  not  to  exceed  five  hundred  dollars,  the 
contingent  and  other  expenses  of  his  office,  and  the  salaries  of  county  super- 
intendents, and  to  notify  the  state  superintendent  of  free  schools  thereof.  The 
state  superintendent  shall  thereupon  ascertain  the  deficiency  in  the  maintenance 
building  fund  and  the  teachers'  funds  mentioned  in  the  preceding  paragraph 
whose  duty  it  shall  be  to  deposit  with  the  treasurer  of  the  board  of  education 
to  the  credit  of  such  fund  the  amount  necessary  to  make  up  such  deficiency,  to  be 
apportioned,  however,  to  the  various  districts  requiring  supplemental  aid  as 
herein  provided  so  as  to  make  the  term  of  elementary  schools  therein  as  nearly 
equal  as  possible  being  guided,  however,  in  such  apportionment  by  the  relative 
assessed  valuation  of  property  therein  as  indicated  by  the  records  of  the  state 
tax  commissioner's  office. 

But  before  making  requisition  on  the  auditor  for  the  supplemental  aid  herein 
provided,  the  state  superintendent  shall  inform  himself  of  the  conditions  existing 
in  such  districts  as  seek  aid  and  shall  require  from  all  boards  of  education  asking 
such  aid,  on  forms  to  be  prescribed  and  furnished  by  him,  a  financial  statement 
thereof  supported  by  affidavits  showing  the  deficiency  existing  in  such  districts 
and  the  necessity  for  such  aid. 

The  state  superintendent  shall,  also,  notify  the  county  superintendent  of  each 
county  to  which  supplemental  aid  is  furnished  the  amount  thereof,  who  in  turn 
shall  notify  the  boards  of  education  of  such  districts  as  receive  such  supplemental 


SCHOOL  LAW  OF  WEST  VIRGINIA  73 

aid  of  the  amount  thereof  apportioned  to  such  district  and  that  the  same  can 
not  be  drawn  by  them  until  they  have  laid  the  maximum  levies  required  by 
sections  five  (a)  and  (c)  of  this  chapter. 

Additional  Fund  Purposes 

Sec.  9.  (a)  If  any  county  court,  board  of  education,  or  common  council  of 
a  municipal  corporation  be  of  opinion  that  the  maximum  rate  of  levy  of  taxes 
hereinbefore  named  in  section  two  (a)  as  to  counties,  or  in  section  five  as  to 
elementary  and  high  schools,  in  school  districts,  or  in  section  eight  as  to  munici- 
palities, will  not  produce  sufficient  funds  for  the  current  fiscal  year  to  cover  the 
expenditures  for  the  year  in  the  county  or  school  district,  or  municipality,  as 
the  case  may  be,  it  may  enter  an  order  on  its  record  book  of  proceedings  setting 
forth  the  purposes  for  which  additional  funds  will  be  needed,  the  amount  thereof 
for  each  purpose,  and  the  total  thereof,  the  separate  and  aggregate  amount  of 
the  taxable  property  on  which  it  is  authorized  to  levy  taxes  and  the  rate  of  levy 
in  cents  on  each  one  hundred  dollars  assessed  valuation  of  such  property  neces- 
sary to  produce  the  additional  amount  estimated  to  be  needed;  and  in  the  same 
order  submit  to  the  voters  of  the  county,  the  school  district  or  the  municipality, 
as  the  case  may  be,  at  an  election  therefor,  the  question  of  such  additional  levy. 
If  a  majority  of  the  votes  cast  on  the  question  at  such  election  be  in  favor  of 
such  additional  levy,  the  court,  board  or  council,  as  the  case  may  be,  shall  have 
authority  to  make  such  additional  levy,  but  the  s^me  shall  not  exceed  twenty 
cents  on  each  one  hundred  dollars  assessed  valuation  of  the  taxable  property 
in  the  county,  school  district,  or  municipality,  according  to  the  last  assessment 
thereof. 

(b)  If  any  county,  school  or  independent  school  district,  or  municipal  cor- 
poration has,  at  the  time  this  act  goes  into  effect,  an  outstanding  bonded  indeb- 
tedness where  no  provision  has  heretofore  been  made  to  pay  the  interest  on 
such  bonds  and  provide  a  sinking  .fund  for  the  discharge  of  the  principal  of  the 
same  at  maturity,  the  county  court,  the  board  of  education,  or  the  municipal 
council,  as  the  case  may  be,  shall  lay  a  levy  sufficiently  high  to  pay  the  interest 
and  provide  a  'sinking  fund  for  the  discharge  of  the  principal  of  such  bonds  at 
maturity  and  shall  continue  to  lay  the  same  from  year  to  year  until  such  bonded 
indebtedness  is  liquidated.    The  funds  arising  from  such  levy  shall  be  used  for 
the  purposes  for  which  levied  and  no  other. 

(c)  If  any  county  or  school  or  independent  school  district,  or  municipal 
corporation,  creates  in  the  future  a  bonded  indebtedness  according  to  law,  the 
county  court,  board  of  education,  or  municipal  council,  as  the  case  may  be,  shall 
•enter  an  order  on  its  record  book  of  proceedings  setting  forth  the  maximum  rate 
of  levy  necessary  in  each  year  to  pay  the  interest  and  provide  a  sinking  fund 
for  the  discharge  of  the  principal  of  the  bonds  at  maturity;  and  in  the  same  order 
submit  to  the  voters  of  the  county,  district  or  municipality,  as  the  case  may  be, 
at  the  election  held  for  the  purpose  of  authorizing  the  bond  issue,  the  question 
of  such  levy.    At  such  election  there  shall  be  printed  on  the  ticket  a  brief  state- 
ment of  the  levy  herein  provided  for,  such  as  "To  authorize  a  maximum  special 

bond  levy  of cents  to  pay  the  interest  on,  and cents  to 

provide  a  sinking  fund  for  the  discharge  of  the  principal  of  the  bonds  now  being 
voted  for  according  to  the  order  of entered  on  the 


74  SCHOOL  LAW  OF  WEST  VIEGINIA 

. — day  of "     And  directly  underneath,  in  two  separate 

lines,  shall  be  printed  the  words  "For  the  levy"  'and  "Against  the  levy."  In 
all  respects  the  provisions  of  the  laws  concerning  general  elections  and  elections 
under  the  provisions  of  this  act  shall  apply  to  such  election  as  far  as  they  are 
practicable.  If  a  majority  of  the  votes  cast  at  such  election  be  in  favor  of  such 
levy,  the  county  court,  board  or  council,  as  the  case  may  be,  shall  have  authority 
to  lay  such  maximum  levy,  and  it  may  continue  to  lay  the  same,  or  such  portion 
thereof  as  is  necessary,  from  year  to  year,  without  an  additional  vote,  until 
such  bonded  indebtedness  is  liquidated;  but  the  funds  arising  from  such  levy 
shall  be  used  for  the  purposes  for  which  levied  and  no  other. 

Elections 

Sec.  10.  The  election  authorized  in  section  nine  may  be  held  at  any  general 
election,  or  at  a  special  election  held  for  the  purposes  herein  stated.  Notice 
thereof,  however,  shall  be.given  by  publication  of  the  order  of  the  court,  board 
of  education,  or  council,  calling  the  same,  in  two  newspapers  of  general  circulation 
in  the  territory  in  which  the  election  is  held,  and  of  opposite  politics,  at  lea^t 
once  in  each  week  for  two  successive  weeks  before  the  election,  and  printed  copies 
of  said  order  shall  be  posted  at  each  place  of  voting  at  least  ten  days  before  the 
election.  If  there  be  only  one  newspaper  published  in  the  county,  the  publication 
shall  be  made  therein.  All  the  provisions  of  the  laws  concerning  general  elections 
shall  apply  to  such  election  as  far  as  they  are  practicable,  except  as  follows: 
A  separate  ticket  shall  be  used  at  such  election  held  in  connection  with  any  other 
election.  On  such  ticket  shall  be  printed  a  brief  statement  of  the  question  sub- 
mitted such  as  "Special  election  to  authorize levy  of 

cents,  according  to  the  order  of  the ,  entered 

on   the day   of ...;"     and   directly   underneath   in 

two  separate  lines,  shall  be  printed  the  words  "For  the  levy"  and  "Against  the 
levy."  Those  favoring  the  levy  shall  erase  the  words  "Against  the  levy"  and 
those  opposed  thereto  shall  erase  the  words  "For  the  levy."  If  a  majority  of 
those  voting  on  the  question  be  in  favor  of  the  levy,  the  said  fiscal  body  submitting 
the  question  shall  be  authorized  to  lay  the  same;  but  if  a  majority  of  the  votes 
cast  on  the  question  be  not  in  favor  of  such  levy,  it  shall  not  be  laid.  If  the  ques- 
tion be  submitted  by  the  county  court,  the  clerk  thereof  shall  prepare,  procure 
and  furnish  to  the  election  commissioners  at  each  place  of  voting,  the  tickets, 
poll  books,  tally  sheets  and  other  things  needed;  if  the  question  be  submitted 
by  a  board  of  education,  the  secretary  thereof  shall  perform  such  duty;  and  if 
the  question  be  submitted  by  a  council  of  a  municipal  corporation,  such  duty 
shall  be  performed  by  the  clerk,  recorder  or  other  recording  officer  of  the  muni- 
cipal council. 

A  levy  under  (a)  section  nine  may  be  submitted  for  any  two  successive  years 
that  may  be  named  in  the  order  submitting  the  question  to  the  voters,  the  rate 
of  levy  for  each  year  being  stated  in  such  order,  and  if  the  levy  be  authorized  as 
aforesaid,  the  proper  fiscal  body  may  lay  such  levy,  or  so  much  thereof  as  may 
be  necessary  for  each  of  said  two  years. 


SCHOOL  LAW  OF  WEST  VIEGINIA  75 

Restricted  Use  of  Funds 

Sec.  11.  Any  funds  derived  from  levying  of  taxes  under  and  pursuant  to  the 
provisions  of  this  act  shall  be  expended  for  the  purposes  for  which  levied  and  no 
other. 

Certain  Acts  Prohibited  and  Penalties  Prescribed 

Sec.  12.  It  shall  be  unlawful  for  any  county  court,  board  of  education,  01 
council  of  a  municipal  corporation,  or  other  body  charged  with  the  administra- 
tion of  the  fiscal  affairs  of  any  county  school  district  or  independent  school 
district,  or  municipality  to  expend  any  money  or  to  incur  any  obligation  or 
indebtedness  which  such  fiscal  body  is  not  expressly  authorized  by  law  to  expend 
or  incur.  Nor  shall  any  such  fiscal  body  make  any  contract,  express  or  implied 
the  performance  of  which,  in  whole  or  part,  would  involve  the  expenditure  of 
money  in  excess  of  funds  legally  at  the  disposal  of  such  fiscal  body,  tior  issue  or 
authorize  to  be  issued  any  certificate,  order  or  other  evidence  of  indebtedness 
which  cannot  be  paid  out  of  the  levy  for  the  current  fiscal  year  or  out  of  the  fund 
against  which  it  is  issued.  Nor  shall  any  such  tribunal  attempt  to-lay  any  levy 
the  rate  whereof  shall  exceed  the  rate  specified  by  law.  Any  indebtedness  created, 
contract  made  or  order  or  draft  issued  in  violation  hereof,  shall  be  void  ,and  of  no 
effect,  and  any  money  received  thereon  may  be  recovered  from  the  person  re- 
ceiving the  same  by  the  fiscal  body  which  created,  made  or  issued  the  indebted- 
ness, contract,  order  or  draft. 

Any  member  of  such  fiscal  body,  or  any  officer  or  person  who  wilfully  violates 
any  of  the  provisions  of  this  act,  shall  expend  any  money,  or  incur  any  debt  or 
obligation,  or  make  or  participate  in  the  making  of  any  such  contract,  or  be  a 
party  thereto  in  any  official  capacity,  or  issue  or  cause  to  be  issued  any  such 
certificate,  order  or  other  evidence  of  indebtedness,  shall  be  personally  liable 
therefor,  both  jointly  and  severally,  and  an  action  may  be  maintained  therefor 
by  the  State,  or  by  any  county,  municipal  corporation,  district,  or  person  pre- 
judiced thereby,  in  any  court  of  competent  jurisdiction.  Any  such  member, 
officer  or  person  who  shall  wilfully  violate  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  more  than  five 
hundred  dollars,  or  be  confined  in  jail  not  more  than  one  year,  or  be  both  fined  and 
imprisoned,  and  in  addition  thereto  shall  forfeit  his  office.  Whenever  any  court 
of  competent  jurisdiction  by  mandamus,  injunction,  or  trial  of  any  action  of 
law,  or  judicial  proceeding,  shall  ascertain  or  determine  that  any  member  of  any 
fiscal  body  hereinbefore  referred  to  has  negligently  or  wilfully  violated  any  of 
the  provisions  of  this  section,  it  shall  enter  an  order  declaring  the  office  of  such 
member  forfeited. 

Any  taxpayer  of  the  county,  school  district  or  independent  school  district  or 
municipality,  as  the  case  may  be,  or  the  state  tax  commissioner,  for  the  use  and 
benefit  of  the  county,  school  district  or  independent  school  district,  or  munici- 
pality, as  the  case  may  be,  may,  in  his  name,  institute  and  prosecute  to  final 
judgment  including  the  right  of  appeal  to  the  supreme  court  of  appeals  of  the 
State  in  any  court  having  jurisdiction,  proper  action,  suit,  or  proceeding,  against 
the  individual  members  of  a  county  court,  board  of  education,  municipal  council, 
or  other  body  in  lieu  thereof,  to  recover  from  them  any  moneys  expended  in 


76  SCHOOL  LAW  OF  WEST  VIBGINIA 

violation,  or'without  authority  of  law.  All  moneys  recovered  in  any  such  action, 
suit  or  proceeding  shall  be  paid  into  the  treasury  of  the  proper  fiscal  body  to  the 
credit  of  the  proper  fund.  The  plaintiff,  in  case  he  prevails,  shall  recover  his 
costs  against  the  defendants,  including  a  reasonable  attorney's  fee  to  be  fixed 
by  the  trial  court,  and  included  in  the  taxation  of  costs.  Any  such  taxpayer, 
or  the  state  tax  commissioner,  shall  have  the  right  to  institute  and  prosecute  to 
final  judgment  any  proceeding  for  the  removal  of  any  member  of  any  county 
court,  board  of  education,  municipal  council,  or  other  body  in  lieu  thereof,  for 
expending  public  money  in  violation,  or  without  authority  of  law.  Upon  the 
filing  of  a  petition  by  such  taxpayer,  or  the  state  tax  commissioner,  either  in  term 
or  vacation,  the  court,  or  judge,  shall  set  a  time  for  hearing  such  petition.  An 
attested  copy  of  the  petition  and  specifications  of  charges  therein  contained, 
shall  be  served  for  a  period  of  at  least  twenty  days  upon  the  defendants  named 
therein,  and  no  other  pleading  or  notice  of  such  proceeding  shall  be  necessary. 

Preparation  of  Forms 

Sec.  13.  The  state  tax  commissioner  shall  prepare  and  furnish  forms  and 
instructions  for  making  up  the  statement  required  in  .sections  two,  five  and 
eight  relating  to  fiscal  affairs;  the  state  superintendent  of  free  schools  shall 
prepare  and  furnish  forms  and  instructions  as  provided  in  section  seven;  and 
the  attorney  general  shall  prepare  and  furnish  forms  and  instructions  for  the 
holding  of  any  election  provided  by  this  act. 

Construction  of  this  Act 

Sec.  14.  This  act  shall  not  be  construed  as  affecting  any  fund  heretofore 
raised  by  levy  or  from  being  used  for  the  purposes  for  which  levied,  and  any 
balance  remaining  in  any  fund  affected  by  this  act  shall  be  transferred  to  the 
proper  and  logical  fund  hereunder. 


EXTENSION  OF  TERM   IN  THE  ELEMENTARY  GRADES  WHERE  A 
NORMAL  TRAINING  HIGH  SCHOOL  IS  MAINTAINED 


(Being  Chapter  84  of  the  Acts  of  1919,  Regular  Session.^ 


In  any  district  in  which  a  normal  training,  or  class  one,  high  school  is  main- 
tained in  connection  with  a  graded  elementary  school,  the  board  of  education 
shall  have  authority  to  lay  upon  all  of  the  taxable  property  in  the  district,  levies 
sufficient  for  the  teachers'  fund  and  the  building  fund  for  maintenance  purposes, 
to  continue  the  elementary  grades  of  such  school  for  the  same  length  of  term  that 
the  normal  training,  or  class  one,  high  school  of  such  district  is  in  session. 

It  is  provided,  however,  that  any  and  all  pupils  of  elementary  grades  in  such 
district  shall  be  permitted  to  attend  the  elementary  grades  of  such  school  after 
the  close  of  the  elementary  schools  of  their  sub-districts  or  in  any  school  term 
in  which  the  elementary  schools  of  their  sub-districts  are  not  in  session. 

9 

RENEWAL  OF  CERTIFICATES— ADDITIONAL  PROVISIONS 

(Passed  by  Legislature,  Extra  Session,  1919.) 

Section  1.  The  fee  for  the  renewal  of  a  professional  teachers'  certificate  shall 
be  five  dollars.  The  fee  for  the  renewal  of  a  short  course  certificate  shall  be  one 
dollar,  said  certificate  to  be  renewable  for  one  three-year  period  and  said  fee 
payable  upon  proof  that  the  holder  of  such  certificate  has  taught  or  been  other- 
wise actively  engaged  in  school  work  for  two  years  of  the  preceding  three-year 
period;  and,  provided,  further,  that  service  in  the  United  States  army  or 
navy  in  the  war  with  Germany  shall  be  counted  the  same  as  teaching  on  any 
renewable  certificate,  or  shall  extend  the  date  of  expiration  of  any  non-renewable 
certificate  one  year;  and,  that  attendance  for  six  weeks  at  an  approved  school 
may*  be  submitted  in  lieu  of  examinations  for  the  renewal  of  all  first  grade  cer- 
tificates. 


78  SCHOOL  LAW  OF  WEST  VIRGINIA 


STATE  BOARD  OF  CONTROL 


(Being  Chapter  15-m  of  Barnes'  Code  of  Nineteen  Hundred  Sixteen.) 


Sec.  1.  How  Constituted.  The  state  board  of  control,  created  by  chapter 
fifty-eight  of  the  acts  of  the  Legislature  of  one  thousand  nine  hundred  and  nine, 
shall  continue,  and  shall  be  a  corporation,  and  have  and  use  a  common  seal. 
It  shall  consist  of  three  members,  not  more  than  two  of  whom  at  the  time  of 
appointment  shall  belong  to  the  same  political  party,  to  be  appointed  by  the 
governor  by  and  with  the  advice  of  the  State  Senate.  The  term  of  office  shall  be 
six  years.  The  members  now  in  office  shall  serve  to  the  end  of  their  respective 
terms,  unless  sooner  removed  as  herein  provided.  The  governor  may  remove 
any  member  for  incompetency,  neglect  of  duty,  drunkenness,  gross  immorality, 
malfeasance  in  office,  or  for  other  good  cause,  and  fill  the  vacancy  made  by  any 
such  removal,  or  made  by  death,  resignation  or  otherwise,  by  appointment  for 
the  unexpired  term.  The  salary  of  each  member  shall  be  five  thousand  dollars 
per  year,  to  be  paid  monthly;  and  each  shall  be  paid  his  actual  traveling  and 
other  necessary  expenses  when  absent  from  the  state  capital  on  official  business. 
The  board  shall  be  provided  with  an  office  at  the  state  capital,  and  with  such 
furniture  and  clerical  and  other  assistance  as  shall  be  necessary.  The  members 
shall  give  their  entire  time  to  the  discharge  of  the  duties  of  their  office.  The 
board  shall  choose  one  of  their  members  president  and  another  treasurer.  They 
may  select  a  secretary  and  such  other  officers  as  they  may  deem  best.  The  offices 
of  treasurer  and  secretary  may  be  held  by  the  same  member.  Before  entering 
upon  the  duties  of  his  office,  each  member  shall  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution,  the  certificate  whereof  shall  be  filed  with 
records  of  the  board,  and  he  shall  give  bond  in  the  penalty  of  ten  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  office,  and  to  account 
for  and  pay  over  according  to  law  all  moneys  or  other  thing  of  value  which  shall 
come  into  his  hands  or  under  his  control  by  virtue  of  his  office;  but  the  treasurer's 
bond  shall  be  in  the  penalty  of  twenty-five  thousand  dollars,  which  shall  cover 
his  liability  as  a  member,  and  as  the  treasurer.  The  board  may  cause  the  surety 
in  any  of  such  bonds  to  be  a  surety  or  bonding  company  authorized  to  do  business 
in  this  State,  and  pay  the  costs  thereof  out  of  its  current  or  contingent  expense 
fund.  All  such  bonds  shall  be  approved  as  to  form  by  the  attorney  general,  and 
as  to  sufficiency  by  the  governor,  and  when  so  approved  shall  be  filed  and  recorded 
in  the  office  of  the  secretary  of  state.  In  the  absence  of  the  president  or  of  the 
treasurer  from  the  state  capital,  or  in  the  disability  of  either,  the  duties  of  his 
office  may  be  performed  by  another  member  of  the  board.  All  deeds,  contracts, 
agreements  and  other  such  writings  may  be  executed  by  the  state  board  of 
control  by  the  signing  of  the  name  of  the  board  thereto  by  the  president,  and 


SCHOOL  LAW  OF  WEST  VIRGINIA  79 

impressing  the  seal  of  the  board  therein,  attested  by  the  signature  of  the  secre- 
tary; and  when  so  executed  any  such  deed,  contract,  agreement  or  other  such 
writing  shall  be  deemed  the  act  and  deed  of  said  board,  and  shall  be  admitted 
to  record  in  the  office  of  the  clerk  of  the  county  court,  and  in  any  other  office  or 
place  where  writings  are  admitted  to  record. 

Sec.  2.  Expenses.  Before  any  expenses  of  any  member  of  the  board  of 
control  or  of  the  board  of  regents,  or  of  any  officer  or  agent  thereof,  or  before 
any  expenses  incurred  by  any  person  under  the  direction  of  either  of  said  boards, 
or  the  expenses  of  any  officer  or  employee  of  any  institution  under  the  charge  of 
said  boards,  shall  be  paid,  a  full  written  statement  of  every  item  of  such  expendi- 
ture, shall  be  presented  to  the  auditor,  duly  verified,  which  verification  shall 
state  that  the  expense  bill  is  just,  accurate  and  true,  and  is  claimed  for  cash 
expended  for  the  purposes  named  in  the  statement.  Unless  the  statement  is  so 
verified  and  duly  audited,  payment  thereof  shall  not  be  made. 

Sec.  3.  Control  and  Management  of  Certain  Institutions.  The  board 
of  control  shall  have  full  power  to  manage,  direct,  control  and  govern  the  West 
Virginia  asylum,  the  second  hospital  for  the  insane,  the  West  Virginia  hospital 
for  the  insane,  the  West  Virginia  penitentiary,  the  West  Virginia  reform  school, 
the  West  Virginia  industrial  home  for  girls,  miners'  hospital  No.  1,  miners' 
hospital  No.  2,  miners'  hospital  No.  3,  and  the  schools  for  the  deaf  and  the  blind* 
and  such  other  institutions,  except  educational,  as  may  hereafter  be  created 
by  law. 

Sec.  3-a.  Names  of  Certain  Institutions  Changed.  From  and  after  the 
thirtieth  day  of  June  of  the  year  one  thousand  nine  hundred  and  fifteen,  the 
name  of  the  West  Virginia  asylum  shall  be  changed  to  Huntington  state  hospital; 
the  name  of  the  second  hospital  for  the  insane  shall  be  changed  to  Spencer  state 
hospital;  the  name  of  the  West  Virginia  hospital  for  the  insane  shall  be  changed 
to  Weston  state  hospital;  the  name  of  miners'  hospital  number  one,  shall  be 
changed  to  Welch  hospital  number  one;  the  name  of  miners'  hospital  number 
two,  shall  be  changed  to  McKendree  hospital  number  two;  the  name  of  miners' 
hospital  number  three  shall  be  changed  to  Fairmont  hospital  number  three. 
All  statutory  provisions  applicable  to  the  government  and  maintenance  of  said 
asylums  and  hospitals,  and  to  each  of  them,  under  their  old  names,  shall  be 
continued  in  force  and  be  applicable  to  the  government  and  maintenance  of  the 
same  institutions  under  their  new  names. 

All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

Sec.  4.  To  Have  Financial  Control  of  Educational  Institutions.  The 
board  of  control  shall  have  charge  and  control  of  the  financial  and  business  affairs 
of  the  West  Virginia  University,  of  the  preparatory  branches  of  the  university 
at  Montgomery,  and  at  Keyser,  of  the  state  normal  school  and  its  branches*  of 
the  West  Virginia  colored  institute  and  of  the  Bluefield  colored  institute  and 
have  such  other  control  and  management  of  said  institutions  as  are  in  this  act 
provided. 

Sec.  5.  Title  to  Property.  The  title  to  all  property  constituting  or  belong- 
ing to  the  several  institutions  named  in  sections  three  and  four  and  now  vested 
in  the  several  boards  of  directors,  or  of  regents  thereof,  shall  be  and  hereby  is 
vested  in  said  board  of  control  on  and  after  July  first,  one  thousand  nine  hundred 

*The  Acts  of  the  Legislature  of  1919,  regular  session,  make  it  the  duty  of  the  State  Board  of 
Education  to  have  charge  of  the  educational  affairs  of  the  Schools  for  the  Deaf  and  the  Blind  as 
of  other  state  educational  institutions. 


80  SCHOOL  LAW  OF  WEST  VIRGINIA 

and  nine;  and  the  several  boards  now  charged  with  the  control  and  management 
of  said  institutions  shall  thereafter  have  no  further  legal  existence;  and  the 
board  of  control  is,  without  further  process  of  law,  authorized  and  directed  then 
to  assume  control  and  management  of 'the  said  institutions  subject  to  the  pro- 
visions of  this  act. 

Sec.  6.  Moneys  and  Funds.  All  moneys  and  funds  belonging  to  the  State 
which  shall  come  into  the  hands  or  control  of  the  head  officer,  or  other  officer, 
of  any  of  the  institutions  mentioned  in  sections  three  and  four,  or  of  any  other 
institution,  department,  board,  commission,  or  other  agency  of  the  State,  or  of 
any  person  connected  therewith,  and  under  the  control  and  management  of  the 
state  board  of  control  in  whole  or  in  part,  or  the  fiscal  or  financial  affairs  of  which 
are  subject  to  the  control  or  management  of  said  board,  shall  be  paid  to  the 
treasurer  of  said  board  at  least  once  in  each  month,  on  or  before  the  tenth  day 
of  the  month  succeeding  the  month  in  which  such  moneys  or  funds  were  received,, 
under  such  rules  and  regulations  as  said  board  shall  prescribe.  The  state  board 
of  control  shall  cause  such  money  and  funds  to  be  paid  into  the  state  treasury 
to  the  credit  of  the  proper  fund  of  the  institution,  department,  board,  commis- 
sion, or  other  agency  of  the  State,  by  depositing  the  same  in  a  state  depository 
and  delivering  to  the  auditor  the  certificate  of  deposit  therefor.  The  auditor 
shall  credit  the  same  to  the  institution,  department,  board,  commission  or  state 
agency  as  shown  by  the  certificate  of  deposit;  and  the  state  board  of  control 
shall  have  authority  to  issue  requisitions,  from  time  to  time,  on  such  moneys  and 
funds  to  be  expended  for  the  support  or  benefit  of  the  institution,  department, 
board,  commission,  or  state  agency  for  which  the  same  was  appropriated  or 
provided,  and  all  such  moneys  and  funds  are  hereby  appropriated  for  the  purpose. 
Such  moneys  and  funds  are  hereby  named  "state  board  of  control  funds."  When- 
ever the  appropriations  by  the  Legislature  are  insufficient  to  pay  the  expenses  of 
conducting  any  of  said  institutions,  the  deficiency  shall  be  certified  by  the  state 
board  of  control  to  the  board  of  public  works.  Such  certificates  shall  state  the 
name  of  the  institution,  the  items  and  amount  in  detail  needed,  and  the  board  of 
public  works  may  direct  payment  of  the  same  of  any  part  thereof  as  provided  in 
chapter  sixteen  of  the  acts  of  one  thousand  nine  hundred  and  four. 

Sec.  7.  Same — How  Expended.  All  money  received  by  the  state  board 
of  control  from  any  source,  on  account  of  institutions  under  its  control,  shall  be 
paid  into  the  state  treasury  at  least  once  each  month  to  the  credit  of  the  institu- 
tion and  fund  for  which  received,  and  shall  remain  in  the  treasury  until  expended 
on  order  of  the  state  board  of  control  or  otherwise  disposed  of  by  law.  There 
,  is  hereby  appropriated  so  much  of  the  moneys  mentioned  in  this  section  as  may 
be  necessary  for  the  purposes  of  any  of  the  institutions  for  which  such  moneys 
ar^received.  But  no  moneys  received  on  account  of  one  institution  or  fund  shall 
be  used  for  any  other  institution  or  fund. 

Sec.  8.  Clerical  Assistants — Reports  of  Institutions.  The  board  of 
control  shall  appoint  a  competent  secretary  and  such  other  clerical  assistants 
as  may  be  necessary  to  the  proper  conduct  of  its  business.  The  salaries  or  com- 
pensation of  the  employees  of  the  board  shall  be  fixed  by  it,  but  no  salary  or 
compensation  shall  be  increased  to  exceed  the  amount  appropriated  by  the 
Legislature  to  pay  the  same.  The  board  shall  cause  to  be  kept  at  its  office  a 
proper  and  complete  set  of  books  and  accounts  with  each  institution,  which  shall 
clearly  show  every  expenditure  authorized  and  made  thereat.  The  said  books 


SCHOOL  LAW  OF  WEST  VIRGINIA  81 

shall  exhibit  an  account  of  all  appropriations  made  by  the  Legislature  concerri- 
ing  any  institution  named  in  sections  three  and  four,  and  of  all  other  funds  under 
the  control  of  the  board.  It  shall,  in  conjunction  with  and  subject  to  the  approval 
of  the  chief  inspector  of  public  accounting,  prescribe  the  form  of  vouchers,  records 
and  methods  of  keeping  accounts  at  and  by  each  of  the  institutions  named  in 
sections  three  and  four.  Such  vouchers,  records  and  methods  of  accounts  of 
the  institutions  shall  be  as  nearly  uniform  as  possible.  The  board,  or  any  member 
thereof,  shall  have  the  power  to  investigate  the  conditions  of  and  to  examine  and 
check  the  records  of  any  of  said  institutions  at  any  time.  The  board  shall  also 
have  the  power  to  authorize  any  of  its  members  or  officers,  its  bookkeeper  and 
accountant,  or  any  other  employee,  to  proceed  to  any  of  the  said  institutions,  and 
to  examine  and  check  the  records,  take  inventory  of  the  property  thereof,  or  any 
of  its  departments,  or  for  any  other  purposes  the  board  may  deem  necessary. 
Any  person  doing  such  work  shall  receive,  in  addition  to  regular  compensation, 
pay  for  actual  expenses  incurred  thereby,  such  expenses  to  be  paid  in  the  manner 
hereinbefore  provided.  Upon  the  completion  of  any  such  special  work  the  board 
shall  cause  a  full  and  complete  written  report  of  the  same  to  be  made  to  it  as  soon 
as  practicable. 

Sec.  9.  Powers  and  Duties.  The  state  board  of  control  or  one  or  more  of 
its  members  shall  visit  each  of  the  institutions  under  its  control  and  management 
in  whole  or  in  part  as  often  as  may  be  necessary,  and  may  hold  a  regular  meeting 
of  the  board  at  any  such  institution.  During  any  such  visitation  the  board  or 
any  member  thereof  shall  thoroughly  inspect  all  the  departments  thereof  and 
investigate  the  condition  and  management  of  the  same;  and  for  the  purpose 
of  aiding  any  such  investigation  the  board  or  any  member  thereof  shall  have 
power  to  summon  and  compel  the  attendance  of  witnesses,  to  be  examined  under 
oath,  which  any  member  shall  have  the  power  to  administer;  and  the  board  or 
any  member  thereof  shall  have  access  to  all  books,  papers  and  property  neces- 
sary to  any  such  investigation,  and  may  order  the  production  of  any  books, 
papers  or  property.  Witnesses,  other  than  employees  of  the  State,  shall  be 
entitled  to  the  same  fees  as  in  civil  cases  in  the  circuit  court.  In  any  investigation 
by  the  board,  or  by  any  member  thereof,  it  or  he  may  cause  the  testimony  to  be 
taken  in  shorthand  and  transcribed  and  filed  in  the  office  of  the  board  as  soon 
after  the  same  is  taken  as  practicable.  Any  person  refusing  or  failing  to  obey 
the  order  of  the  board,  or  any  member  thereof,  issued  under  the  provisions  of 
this  section,  or  to  give  or  produce  any  evidence  required,  shall  be  reported  by 
the  board  or  the  member  thereof  conducting  the  investigation  to  the  proper 
circuit  court  or  the  judge  thereof,  and  such  person  so  refusing  or  failing  shall  be 
dealt  with  by  the  court  or  judge  as  for  contempt. 

Sec.  10.  Appointment  of  Heads  of  Certain  Institutions.  The  governor 
shall,  by  and  with  the  advice  and  consent  of  the  Senate,  appoint  a  superintendent 
for  the  West  Virginia  asylum,  superintendent  for  the  second  hospital  for  the 
insane,  a  superintendent  for  the  West  Virginia  hospital  for  the  insane,  a  warden 
for  the  penitentiary,  a  superintedent  for  the  West  Virginia  reform  school,  a  super- 
intendent for  the  West  Virginia  industrial  home  for  girls,  a  superintendent  for 
miners'  hospital  No.  1,  a  superintendent  for  miners'  hospital  No.  2,  a  superin- 
tendent for  miners'  hospital  No.  3,  and  a  superintendent  for  the  schools  for  the 
deaf  and  the  blind.*  The  governor  may  remove  any  superintendent  or  warden 
for  incompentency,  neglect  of  duty,  gross  immorality,  malfeasance  in  office,  or 

*Sce  note  (*)  bottom  of  page  79. 


82  SCHOOL  LAW  OF  WEST  VIBGINIA 

for  other  good  cause,  and  in  case  of  vacancy,  whether  occurring  by  reason  of 
removal  or  otherwise,  may  declare  the  office  vacant  and  fill  the  same  by  appoint- 
ment for  the  unexpired  term.  The  superintendent  of  each  institution  and  the 
warden  of  the  penitentiary  shall  have  the  power  to  appoint  all  assistants  and 
employees  required  for  the  management  of  the  institution  in  his  charge,  the  num- 
ber of  said  assistants  and  employees,  and  their  compensation,  to  be  first  fixed 
by  the  state  board  of  controL  The  superintendent  of  any  institution  and  the 
warden  of  the  penitentiary  may,  at  his  pleasure,  discharge  any  person  therein 
employed.  It  shall  be  the  duty  of  the  board  to  investigate  any  complaint  made 
against  the  chief  executive  officer  of  any  institution,  and  also  against  any  other 
officer  or  employee  thereof,  if  the  same  has  not  been  investigated.  The  board 
shall  have  the  power  to  recommend  to  the  governor  the  removal  of  any  such 
chief  executive  officer,  or  other  officer,  setting  forth  in  such  recommendation  the 
reasons  for  the  same.  The  board  shall  fix  the  salaries  or  compensation  of  the 
officers  and  employees  of  the  institutions  named  in  section  three  on  or  before  the 
first  day  of  July  of  each  year,  to  be  paid  during  the  year  to  commence  July  first, 
and  no  change  shall  be  made  therein  excepting  at  the  time  prescribed  in  this 
section.  The  salaries  or  compensation  of  all  officers  and  employees  of  the  several 
institutions  named  in  sections  three  and  four  shall  be  paid  monthly,  to  include 
the  last  day  of  each  month. 

The  chief  officer  of  each  of  the  institutions  named  in  section  three  shall  be 
furnished  quarters,  household  furniture,  board,  fuel  and  light  for  himself  and 
his  family;  quarters,  household  furniture,  board,  fuel  and  light  shall  be  furnished 
to  such  other  officers  as  is  made  necessary  by  the  character  of  their  service,  and 
the  board  of  control  shall  designate  those  who  shall  receive  the  foregoing  in 
addition  to  their  salary. 

Sec.  11.  Rules  and  Regulations.  The  board  is  authorized  to  make  rules 
for  the  proper  execution  of  its  duties  and  powers.  It  shall  also  have  the  power 
to  adopt  rules  and  regulations  for  the  government  of  the  institutions,  named 
in  sections  three  and  four,  and  shall  therein  prescribe,  consistent  with  the  pro- 
visions of  this  act,  the  duties  of  the  persons  connected  with  the  management  of 
the  said  institutions. 

Sec.  12.  Shall  Purchase  Supplies.  The  state  board  of  control  is  hereby 
authorized  and  required  to  purchase  all  supplies  for  the  proper  support  and 
maintenance  of  the  institutions  named  in  sections  three  and  four,  and  for  any  other 
institution,  department,  board,  commission,  or  other  state  agency,  under  its  control 
or  management  in  whole  or  in  part.  Such  supplies  shall  be  purchased  whenever 
practicable  by  contract  on  competitive  bids,  and  notice  of  the  same  shall  be  given, 
whenever  the  board  thinks  best,  by  publication  in  at  least  two  newspapers  of 
general  circulation  in  the  State  for  not  less  than  two  weeks  prior  to  the  award 
made;  and  a  written  or  printed  notice  shall  be  sent  to  every  manufacturer  or 
dealer  of  or  in  the  article  or  commodities  for  which  prices  are  desired  who  has 
requested  his  name  to  be  placed  upon  the  mailing  list.  The  contract  shall  be 
awarded  to  the  lowest  responsible  bidder  if  the  price  be  a  fair  and  reasonable  one 
and  not  greater  than  the  market  price.  The  board  is  authorized  to  require  such 
surety  as  it  may  deem  proper  to  accompany  the  bids  submitted,  and  shall  also 
fix  the  amount  of  the  bond  or  other  security  that  shall  be  furnished  by  the  person, 
firm  or  corporation  to  whom  the  contract  for  any  supplies  is  awarded.  The  board 
shall  have  the  power  to  reject  any  and  all  bids  submitted  if  for  any  reason  it  is 


SCHOOL  LAW  OF  WEST  VKGINIA 


S3 


deemed  to  the  best  interests  of  the  State  to  do  so,  and  to  re-solicit  bids  in  accord- 
ance with  the  provisions  of  this  section.  The  board  may  determine  the  kind 
and  character  of  animals  to  be  slaughtered  for  meats  for  use  in  the  several  insti- 
tutions under  its  control  and  it  shall  make  such  rules  and  regulations  as  may  be 
necessary  for  the  inspection  of  meats,  poultry,  bread  and  other  supplies  intended 
for  use  in  any  of  the  said  institutions.  In  accepting  bids  for  supplies  preference 
shall  be  given  citizens  of  this  State,  other  things  being  equal.  Whenever  the  board 
fail  to  make  contracts  for  supplies  the  same  may  be  purchased  by  the  chief 
officer  in  charge  of  an  institution,  under  such  rules  and  regulations  as  shall  be 
prescribed  by  the  board  of  control.  It  shall  be  the  duty  of  the  chief  officer  of 
each  institution  named  herein  to  cause  to  be  prepared  estimates  of  supplies 
required  for  the  proper  conduct  and  maintenance  of  the  institution  under  his 
charge,  covering  periods  to  be  fixed  by  the  board  of  control,  and  to  forward  the 
same  to  the  board  in  accordance  with  its  directions.  No  member  or  officer  of 
the  board  of  control,  or  of  the  state  board  of  regents,  *and  no  person  in  their 
employ  and  no  officer  or  employee  of  any  state  institution  shall  be  directly  or 
indirectly  interested  in  the  purchase  of  supplies,  or  in  any  supplies  purchased, 
nor  in  any  contract,  agreement  or  undertaking  entered  into  by  and  for  any  of 
said  institutions;  and  if  he  be  so  interested  he  shall  forfeit  his  office,  such  contract 
shall  be  void,  and  such  person  shall  be  liable  to  the  State  upon  his  official  bond  for 
all  damages.  No  member  of  said  board,  no  officer,  agent  or  employee  thereof, 
and  no  officer  of  any  institution  under  their  charge,  shall  directly  or  indirectly 
for  himself  or  for  another,  or  for  any  such  institution,  receive  or  accept  any  gift 
or  gratuity  or  thing  of  value  from  any  dealer  in  goods,  merchandise  or  supplies 
which  are  or  may  be  used  in  such  institutions,  or  from  any  person,  firm  or  cor- 
poration who  are  or  may  be  interested  in  any  contract  with  such  board  for  or  on 
account  of  the  State.  Any  violation  of  this  section  shall  be  a  misdemeanor,  and 
be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than  five  hundred 
dollars.  • 

Sec.  13.  Buildings  for  Institutions.  The  state  board  of  control  is  vested 
with  authority  to  employ  competent  architects  for  the  preparation  of  plans  and 
specifications  for  all  new  buildings  hereafter  to  be  built  by  the  State,  or  for  the 
repairing  or  remodeling  of  existing  buildings,  or  the  construction  of  additions 
thereto;  to  employ  competent  persons  to  superintend  the  work  of  constructing 
new  buildings  or  of  such  repairs,  remodeling  or  additions,  and  to  call  for  bids 
and  award  contracts  for  such  work.  The  board  shall  have  authority  to  erect 
any  new  buildings,  or  to  make  repairs  or  additions  to,  or  changes  in,  any  buildings 
already  constructed,  without  letting  the  same  to  contract,  or  by  employing  thereon 
the  labor  of  the  inmates  of  any  institution  of  the  State,  whenever  in  the  judg- 
ment of  the  board  the  best  interests  of  the  State  will  be  subserved  thereby. 
The  board  may  also  provide  with  contractors  for  the  erection  of  new  buildings  or 
for  additions  or  repairs  to  old  ones,  to  use  thereon  the  labor  of  such  inmates. 
The  board  has  authority,  whenever  in  its  judgment  a  new  building  is  needed  by 
the  State,  or  whenever  it  is  necessary  to  build  an  addition  or  make  material 
repairs  to  a  building  already  in  existence,  with  the  approval  of  the  governor,  to 
employ  a  competent  architect  or  architects  to  make  plans  and  specifications 
therefor,  and  estimate  of  the  cost  thereof,  for  submission  to  the  next  session  of 
the  Legislature,  to  aid  that  body  in  making  an  appropriation  for  the  purpose. 
The  governor  may  pay  the  cost  of  such  plans  and  specifications  and  estimates  out 

*State  Board  of  Education— Acts  of  191« 


84  SCHOOL  LAW  OF  WEST  VIBGINIA 

of  his  civil  contingent  fund,  or  the  board  may  cause  the  same  to  be  paid  out  of 
the  current  expense  fund  or  out  of  any  appropriation  made  for  buildings  and 
land  or  for  repairs  and  improvements  of  the  institution  for  which  the  building  or 
work  is  designed.  So  far  as  practicable,  hereafter  all  buildings  erected  for  the 
use  of  the  State  shall  be  fire-proof. 

Sec.  14.  Records  of  Institutions.  The  state  board  of  control  shall  pre- 
scribe the  records  to  be  kept  for  statistical  and  other  purposes  in  the  several 
institutions  named  in  sections  three  and  four.  It  shall  require  a  copy  of  such 
record  to  be  transmitted  to  it  for  the  preceding  month,  and  the  board  shall  keep 
in  its  office  in  a  substantially  bound  book  a  copy  of  every  report  that  they  may 
require  from  the  chief  officers  of  any  institution;  and  shall  have  authority  to 
assemble  the  chiefc  officers  of  the  institutions  or  any  of  them  at  its  office,  for  the 
purpose  of  discussing  any  question  which  may  be  common  to  their  welfare. 
The  actual  expenses  made  necessary  in  traveling  to  and  from  such  meeting  and 
while  upon  its  attendance,  shall  be  paid  out  of  the  contingent  fund  of  the  several 
institutions.  All  bills  on  account  of  such  expenses  shall  be  made  and  paid  as 
provided  in  section  two  of  this  act. 

Sec.  15.  Report  to  Governor.  On  the  first  day  of  October,  one  thousand 
nine  hundred  and  ten,  or  as  soon  thereafter  as  practicable,  and  biennially  there- 
after, the  board  of  control  shall  file  with  the  governor  a  full  report  of  all  matters 
herein  prescribed,  showing  the  condition  of  all  the  institutions  under  its  control, 
the  cost  of  conducting  the  same  during  the  period  covered  by  the  report,  naming 
the  buildings  contracted  to  be  erected,  at  what  points,  for  what  purposes,  the 
contract  price  and  the  condition  of  construction,  and  shall  also  include  therein 
a  statement  of  the  work  and  expenses  of  thre  board.  It  shall  also  incorporate 
in  its  report  suggestions  respecting  legislation  for  the  benefit  of  the  sev- 
eral institutions  under  its  care,  and  shall  make  estimates  of  appropriations, 
which  in  its  opinion  are  necessary  for  the  maintenance  and  other  expenses 
of  the  institutions  and  for  builcfings,  betterments  and  other  improve- 
ments. The  said  report  shall  also  contain  such  portions  of  the  biennial 
reports  made  by  the  chief  officers  of  the  several  institutions 
to  the  board  as  it  may  deem  proper,  also  statement  showing  the  dates  of 
visitation  made  by  the  board  or  by  any  member  thereof  to  the  several  institu- 
tions. In  its  report  shall  be  included  an  itemized  statement  of  the  expenses  of 
the  board  and  such  other  matters  as  it  may  deem  pertinent.  There  shall  also  be 
published  in  the  report  full  and  complete  lists  of  the  officers  and  employees  of 
the  board  and  of  the  institutions  named  in  sections  three  and  four,  showing  the 
annual  salary  paid  and  perquisites  allowed  each  officer  or  employee.  The  gover- 
nor is  hereby  empowered  to  call  upon  the  said  board  for  any  special  report  or 
information  relative  to  any  matter  coming  within  its  authority.  The  governor 
may  direct  the  said  board  to  make  any  special  investigation  into  and  report 
upon  any  matter  connected  with  any  state  institution. 

Sec.  16.  Gifts  and  Devises.  The  board  of  control  is  hereby  empowered  to 
accept  any  gift  or  devise  of  any  property  or  thing  which  lawfully  may  be  given. 
If  such  gift  or  devise  is  to  any  particular  institution  named  in  sections  three 
and  four,  whatever  profits  shall  arise  from  its  use  or  investment,  shall  be  paid 
into  the  state  treasury  for  the  use  and  benefit  of  the  said  institution  and  the  board 
is  hereby  invested  with  the  title  to  the  property  which  is,  or  may  be  subject  of 
such  gift  or  devise. 


SCHOOL  LAW  OF  WEST  VIRGINIA  85 

Sec.  17.  Insurance  on  Buildings.  The  board  of  control  shall  have  charge 
and  control  of  the  insurance  of  all  buildings  and  property  of  the  State  and  shall 
keep  the  same  properly  insured  against  loss  by  fire,  by  explosion  of  steam  boilers 
and  the  like;  but  the  insurance  of  the  property  of  the  State  at  the  seat  of  govern- 
ment shall  be  first  authorized  by  the  board  of  public  works.  The  board  of  control 
shall  keep  a  record  of  all  such  insurance  which  shall  show  the  name  of  each  insur- 
ance company,  the  number,  date  and  amount  of  insurance  of  each  policy  written 
by  it,  the  rate  of  premium,  the  building  or  other  property  on  which  insurance  is 
placed,  the  period  for  which  written  and  the  date  of  its  expiration;  and  the 
amount  of  insurance  upon  each  building  and  such  other  matters  as  the  board  may 
deem  pertitent. 

Sec.  18.  Same — Limitations — Appropriations  for  Re-building.  The 
state  board  of  control  shall  insure  only  such  buildings  and  property  of  the  State 
as  it  shall  deem  most  likely  to  be  damaged  or  destroyed  by  fire,  and  within  the 
limits  of  the  amounts  hereby  appropriated.  If  any  building  is  destroyed  by  fire, 
there  is  hereby  appropriated  out  of  any  money  in  the  treasury,  not  otherwise 
appropriated,  such  sum  as  may  be  necessary  to  replace  such  building,  but  the 
amount  thereof  shall  not  exceed  the  value  of  the  building  destroyed,  less  the 
amount  of  insurance,  if  any,  collected  thereon. 

PUBLIC  LIBRARIES 

(Being  Chapter  64,  Acts  of  the  Legislature  of  1915.) 

Section  1.  Definitions.  The  following  words  and  phrases,  wherever  used 
in  this  act  shall  include  and  be  taken  to  mean  as  follows:  the  word  "munici- 
pality" shall  include  an  incorporated  city,  a  town,  a  county  and  a  school  district; 
"municipal  authority"  shall  include  the  mayor  and  common  council  of  a  city, 
a  town,  or  board  of  commissioners,  or  other  corresponding  authority  thereof, 
county  courts  and  boards  of  education  of  school  districts  and  independent  school 
districts;  "public  library"  shall  include  public  library  .and  reading  room;  "chief 
executive  authority"  shall  include  mayor  and  city  council  or  other  corresponding 
authority  in  cities  and  towns;  and  the  county  court  and  board  of  education  in 
counties  and  school  districts;  "the  directors  of  public  library  board"  shall 
include  the  members  of  public  library  boards  of  cities,  towns,  counties  and  school 
districts  established  under  this  act. 

Sec.  2.  Levy — Upon  Vote  of  People.  The  municipal  authority  of  any 
municipality  shall  have  the  power  to  establish,  equip  and  maintain  a  public 
library,  or  take  over  and  maintain  and  support  any  public  library  already  estab- 
lished therein,  for  the  use  and  benefit  of  the  inhabitants  of  such  municipality, 
and  may  levy  an  annual  tax  for  the  purpose  of  not  more  than  one  and  one-half 
cents  on  the  one  hundred  dollars,  on  all  the  taxable  property  in  said  munici- 
pality, such  tax  to  be  levied  and  collected  in  like  manner  as  the  general  taxes  of 
the  municipality,  which  shall  be  kept  separate  in  a  fund  to  be  known  as  the 
"library  fund;"  provided,  that  when  any  municipality  makes  a  levy  for  a 
municipality  in  which  there  is  already  a  municipal  library,  and  the  said  muni- 
cipality does  not  join  in  the  proposed  library,  the  said  municipality  shall  omit 
from  the  levy  of  the  library  tax  all  property  within  the  limits  of  said  municipality 
not  joining  in  said  proposed  library;  provided,  further,  that  before  establishing 


86  SCHOOL  LAW  OF  WEST  VIRGINIA 

any  public  library,  or  levying  any  tax  therefor,  the  municipal  authority  shall 
submit  the  question  to  the  voters  of  such  municipality,  and  the  majority  of  the 
voters  voting  thereon  shall  authorize  the  establishment  of  such  library,  and  the 
levy  of  such  tax.  The  question  shall  be  submitted  at  a  general  or  special  elec- 
tion, upon  the  order  of  said  municipal  authority  or  upon  the  petition,  in  case  said 
municipal  authority  fail  or  refuse  to  do  so  in  writing,  of  twenty  per  centum  of 
the  qualified  voters  resident  of  the  municipality  and  the  election,  when  ordered, 
shall  be  conducted,  held  and  returned  in  all  respects  as  other  elections;  and  the 
ballot  used  shall  have  written  or  printed  thereon  under  the  heading  "public 
library  question"  the  words  in  plain  letters,  "for  public  library,"  "against  public 
library."  And  the  municipal  authority  of  said  municipality  shall  give  at  least 
two  weeks'  notice  of  said  election  by  publishing  notice  thereof  in  one  or  more 
newspapers  published  in  said  municipality;  or,  if  none  are  therein  published,  by 
like  notice  posted  for  a  like  period  at  each  of  the  voting  places  in  said  muni- 
cipality, and  at  five  other  public  places  for  a  like  period,  before  said  election,  giving 
the  date  and  object  of  the  election. 

Sec.  3.  Appointment  of  Board.  Whenever  such  public  library  is  estab- 
lished under  this  act,  the  chief  executive  authority  of  said  municipality  shall 
appoint  a  board  of  six  directors,  chosen  from  the  citizens  at  large  from  said 
municipality,  with  reference  to  their  fitness  for  such  office.  Such  directors  shall 
hold  office  for  three  years  from  the  first  day  of  July  following  their  appoint- 
ment, and  until  successors  are  appointed;  but  upon  their  first  appointment  they 
shall,  at  their  first  meeting,  divide  themselves  into  three  classes,  so  that  one-third 
of  the  number  shall  hold  office  for  a  period  of  one  year,  one-third  for  two  years, 
and  one-third  for  three  years.  No  person  shall  be  ineligible  to  serve  on  said  board 
by  reason  of  sex.  Vacancies  in  the  board  shall  be  reported  to  the  municipal 
authorities,  and  filled  by  appointment  in  like  manner  as  original  appointments 
for  the  unexpired  term.  The  municipal  authorities  may  remove  any  director  for 
misconduct  or  neglect  of  duty.  No  compensation  shall  be  paid  or  allowed  any 
director.  The  chief  school  officer  of  each  municipality  establishing  a  public 
library  shall  be  ex-offlcio  a  member  of  its  library  board  in  addition  to  the  six 
directors  provided  for  herein. 

Sec.  4.  Powers  of  Board  of  Directors.  The  directors  of  each  public  library 
established  under  this  act  shall,  immediately  after  their  appointment,  meet  and 
organize  by  electing  one  of  their  number  as  president,  and  one  as  secretary. 
A  majority  of  all  the  members  of  any  board  shall  constitute  a  quorum  for  the 
transaction  of  busiriess.  They  shall  make  and  adopt  such  by-laws,  rules  and 
regulations  for  their  own  guidance  and  for  the  government  of  the  library  as  may 
be  expedient  and  not  inconsistent  with  this  act.  They  shall  have  exclusive  con- 
trol of  the  expenditures  of  all  the  money  collected  for  the  library  fund  and  for  the 
construction  of  any  library  building  or  repairs  thereto,  and  the  supervision,  care 
and  custody  of  the  grounds,  rooms  or  building  constructed,  leased  or  set  apart 
for  the  purpose;  provided,  that  all  money  received  for  public  library  purposes, 
and  deposited  in  the  treasury  of  such  municipality  to  the  credit  of  the  library 
fund,  shall  be  drawn  by  the  proper  municipal  officers  upon  the  proper  authenti- 
cated vouchers  of  the  library  board.  Public  library  boards  may,  with  the  ap- 
proval of  the  municipal  authority,  lease  and  occupy  or  purchase  or  erect  an 
appropriate  building  for  the  use  of  said  library.  They  shall  have  power  to  ap- 
point a  suitable  librarian  and  assistants,  and  prescribe  rules  for  their  conduct, 


SCHOOL  CAW  OF  WEST  VIKGINIA  87 

and  fix  their  compensation;  and  shall  have  power  to  remove  such  appointee,  and, 
in  general,  to  carry  out  the  spirit  and  intention  of  this  act  in  establishing  and 
maintaining  free  public  libraries  for  their  respective  municipalities. 

Sec.  5.  Use  of  Library.  Each  library  established  under  this  act  shall  be  free 
for  the  use  of  the  inhabitants  of  the  municipality  where  located,  subject  to  such 
reasonable  rules  and  regulations  as  the  library  board  may  adopt  and  publish, 
in  order  to  render  the  use  of  said  library  of  greatest  benefit  to  the  greatest  number; 
and  said  board  may  exclude  from  the  use  of  said  library  any  and  all  persons  which 
shall  wilfully  violate  such  rules.  The  board  may  extend  the  privilege  and  use 
of  said  library  to  non-residents  of  the  municipality  upon  such  terms  and  con- 
ditions as  said  board  may  prescribe. 

Sec.  6.  Report  of  Library  Board.  Each  library  board  shall,  on  or  before  the 
first  day  of  July  in  each  year,  make  report  to  the  municipal  authority  appointing 
it,  stating  the  condition  of  the  library  property,  the  various  sums  of  money 
received  from  the  library  fund,  and  all  other  sources,  and  how  such  money  was 
expended,  the  number  of  books  and  periodicals  on  hand,  the  number  added  by 
purchase  and  gift,  the  number  lost  or  mislaid,  the  number  of  books  loaned  out  and 
the  general  character  of  such  books,  together  with  an  itemized  budget  estimate  of 
expense  of  the  library  for  the  ensuing  year,  with  such  other  statistical  information 
and  suggestions  as  they  may  deem  of  general  interest  or  that  may  be  required  by 
said  municipality.  • 

Sec.  7.  Gifts,  Devises  or  Bequests.  All  persons  desiring  to  make  dona- 
tions of  cash  or  other  personal  property  or  real  estate  for  the  benefit  of  such 
library  shall  have  the  right  to  vest  the  title  thereof  in  the  library  board  created 
under  this  act,  to  be  held  in  trust  and  controlled  by  such  board  according  to  the 
terms  and  for  the  purposes  set  out  in  the  deed,  gift,  devise  or  bequest. 

Sec.  8.  Penalties  for  Injury  to  Property.  Any  one  who  shall  wilfully 
deface  or  injure  any  building  or  furniture,  or  deface,  injure  or  destroy  any 
picture,  plate,  engraving,  map,  newspaper,  magazine  or  book,  or  any  obj  ect  of 
art  belonging  to  a  public  library,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  fine  of  not  less  than  five  dollars  or  more  than 
fifty  dollars,  or  by  imprisonment  not  exceeding  six  months.  The  fine  in  each  case, 
shall  be  paid  to  the  proper  officer  or  custodian  of  the  library  fund  to  be  used  by- 
such  library  as  other  money  paid  into  its  treasury. 

Sec.  9.  Penalties  for  Failure  to  Return  Books.  Any  person  who  shall 
wilfully  detain  any  book,  newspaper,  magazine,  pamphlet  or  manuscript  be- 
longing to  such  library,  or  to  any  incorporated  library,  for  thirty  days  after  notice 
in  writing  from  the  librarian,  after  the  expiration  of  the  time  such  books,  news- 
paper, magazine,  pamphlet  or  manuscript  may  be  kept  according  to  the  rules, 
and  regulations  of  said  library,  shall  be  liable  for  damages,  to  be  recovered  by 
said  library  board,  by  appropriate  proceeding  before  a  justice  of  the  peace; 
the  recovery  in  each  case  to  be  paid  to  the  proper  officer  or  custodian  of  its  funds;. 
provided,  that  the  notice  required  hereby  shall  include  a  copy  of  this  section. 

ABOLISHING  THE  COMMON  DRINKING  CUP 

(Being  Chapter  Twenty-three,  Acts  of  Nineteen  Hundred  Thirteen) 
Section  1.     Use  of  Common  Drinking  Cups.    That  the  use  of  the  common 


88  SCHOOL  LAW  OF  WEST  VIRGINIA 

drinking  cup,  an  undoubted  source  of  communication  of  infectious  diseases, 
is  hereby  prohibited  in  all  public  places,  upon  all  railroad  trains  and  boats,  carry- 
ing passengers,  in  all  public  buildings  of  every  description,  and  at  public  drinking 
springs  and  fountains  within  this  State.  The  state  board  of  health  shall  have 
full  authority  to  establish  rules  and  regulations  to  make  this  prohibition  effective, 
as  in  their  judgment  may  seem  wise  and  proper.  All  persons,  firms  or  corporations 
failing  to  observe  the  provisions  of  this  act,  or  the  rules  and  regulations  of  the 
state  board  of  health  made  in  relation  thereto,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  offense. 

PROHIBITING  THE  USE  OF  CIGARETTES 

(Being  Sections  of  Chapter  Sixteen,  Acts  of  Nineteen  Hundred  Thirteen) 

Sec.  2.  That  it  shall  be  unlawful  for  any  person  under  the  age  of  twenty- 
one  years  to  smoke,  or  to  have  about  his  person,  or  premises,  any  cigarette  or 
cigarette  paper,  or  any  other  form  prepared  to  be  filled  with  smoking  tobacco  for 
cigarette  use.  Any  person  violating  the  provisions  of  this  section  shall  be  punished 
by  a  fine  of  not  exceeding  five  dollars;  provided,  that  the  court  or  justice  trying 
the  case  may  remit  the  penalty  for  violation  of  this  section,  upon  the  disclosure 
by  the  person  charged  with  the  offense  of  the  name  of  the  person,  firm  or  cor- 
poration from  whom  he  obtained  any  such  cigarette  or  cigarette  paper. 

Sec.  4.  Every  person  who  shall  smoke  or  use  a  cigarette  or  cigarettes  in  any 
school  building  or  any  buildings  or  such  parts  thereof  as  may  be  used  for  school 
purposes,  or  on  any  lands  used  for  school  purposes,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  punished  for  each  offense  by  a  fine  of  not  less  than 
one  nor  more  than  five  dollars. 

STATE  DEPARTMENT  OF  HEALTH 

(The  Legislature  of  1915  passed  an  act  creating  a  state  department  of  health. 
The  following  excerpts  from  this  act  are  given  here  because  of  the  references  to 
schools  and  school  buildings.  Sections  are  arranged  according  to  Barnes'  Code 
of  Nineteen  hundred  sixteen.) 

Sec.  1.  (2)  Commissioner  of  Health— Powers  and  Duties.  The  com- 
missioner of  health  shall  be  appointed  by  the  governor,  by  and  with  the  consent 
of  the  Senate,  and  shall  be  a  physician  skilled  in  sanitary  science,  and  experienced 
in  public  health  administration.  *  *  *  His  duties  shall  be  to  *  *  * 
inspect  and  report  from  time  to  time  the  sanitary  condition  of  institutions, 
schools  and  school  houses,  public  conveyances,  dairies,  creameries,  slaughter 
houses,  workshops,  factories,  labor  camps,  hotels,  and  places  where  offensive 
trades  or  industries  are  conducted;  inspect  and  report  the  sanitary  condition 
of  streams,  sources  of  water  supply,  and  sewerage  facilities;  endeavor  to  enlist 
the  co-operation  of  all  physicians,  and  volunteer  health  organizations  in  the 
improvement  of  public  health;  promulgate  information  to  the  general  public 
in  all  matters  pertaining  to  public  health.  *  * 

Sec.  4.  Inspectors  and  Examiners — Powers  and  Duties.  Inspectors, 
examiners  or  other  persons  appointed  by  the  commissioner  of  health  may  be 


SCHOOL  LAW  OF  WEST  VIEGINIA  89 

appointed  at  such  time  or  times  as  by  him  deemed  necessary;  and  they  shall  act 
as  representatives  of  the  commissioner  of  health,  and  under  his  direction,  shall 
secure  the  enforcement  of  the  provisions  of  the  public  health  laws  and  regulations, 
and  shall  have  the  right  of  entry  into  any  workshop,  public  school,  factory,  dairy, 
creamery,  slaughter  house,  hotel,  or  other  place  of  business  or  employment,  or 
any^common  carrier  or  public  utility  when  in  the  discharge  of  official  duties. 
Any  person  interfering  with  or  attempting  to  interfere  with  any  inspector,  ex- 
aminer or  any  other  duly  authorized  employee  of  the  commissioner  in  the  dis- 
charge of  his  duties  under  this  section  shall  be  guilty  of  a  misdemeanor  and  upon 
•conviction  fined  not  exceeding  one  hundred  dollars. 

Sec.  2.  Public  Health  Council.  Whenever  the  character  and  location  of 
plumbing,  drainage,  water  supply,  sewers  and  disposal  of  sewage,  garbage,  or 
other  waste  materials  of  cities,  towns  and  villages,  offensive  trades,  hotels  and 
labor  camps;  and  the  ventilation,  warming,  natural  lighting  and  excreta  disposal 
in  public  utilities,  in  public  halls,  churches,  school  houses,  workshops,  prisons 
and  all  other  public  institutions,  are  such  as  to  endanger  the  public  health,  the 
public  health  council  shall  have  power  to  make  and  enforce  rules  regulating  the 
same.  *  *  * 

Sec.  4.  Control  of  Tuberculosis  Sanitarium.  The  state  department  of 
health  shall  have  the  advisory  medical  supervision  of  the  state  tuberculosis 
sanitarium,  and  the  state  board  of  control  shall  have  the  control  of  the  business 
and  fiscal  affairs  thereof.  The  director  of  the  division  of  preventable  diseases 
under  the  supervision  of  the  commissioner  of  health,  shall  encourage  measures  for 
the  suppression  of  tuberculosis,  such  as  clinics,  camps,  open-air  schools,  sanitaria, 
district  nursing,  anti-tiberculosis  societies,  diffusion  of  knowledge,  and  other 
means. 

STATE  COMPENSATION  ACT 

(Being  Section  9  of  Chapter  17,  Acts  of  the  Legislature  of  nineteen  hundred 
nineteen,  regular  session.  By  the  provisions  of  this  act  boards  of  education  may 
in  behalf  of  their  employees,  take  advantage  of  the  State  Compensation  law. 
Full  particulars  may  be  obtained  by  communicating  with  the  State  Compen- 
sation Commission,  Charleston.) 

Sec.  9.  All  persons,  firms,  associations  and  corporations  regularly  employing 
•other  persons  for  the  purpose  of  carrying  on  any  form  of  industry  or  business  in 
this  State,  county  and  municipal  corporations,  the  State  of  West  Virginia,  and 
all  governmental  agencies  or  departments  created  by  it,  are  employers  within  the 
meaning  of  this  act,  and  subject  to  its  provisions.  All  persons  in  the  service  of 
•employers  as  herein  defined  and  employed  by  them  for  the  purpose  of  carrying 
on  the  industry,  business  or  work  in  which  they  are  engaged,  and  check  weighmen 
as  provided  for  in  chapter  twenty,  acts  of  one  thousand  nine  hundred  and  eleven, 
are  employees  within  the  meaning  of  this  act  and  subject  to  its  provisions,  pro- 
vided that  the  act  shall  not  apply  to  employers  of  employees  in  domestic  or  agri- 
cultural service,  persons  prohibited  by  law  from  being  employed,  traveling  sales- 
men, to  employees  of  any  employer  while  employed  without  the  State;  nor 
shall  a  member  of  a  firm  of  employers,  or  any  officer  of  an  association,  or  of  a 
.corporation  employer,  including  managers,  superintendents,  assistant  managers 


SCHOOL  LAW  OF  WEST  VIEGINIA 


and  assistant  superintendents,  any  elective  official  of  the  State,  county  or  muni- 
cipal corporation  be  deemed  an  employee  within  the  meaning  of  this  act. 

The  premiums  and  all  expenses  in  connection  with  the  election  of  the  govern- 
mental agencies  and  departments  of  the  State  of  West  Virginia  shall  be  paid  out 
of  the  state  treasury  out  of  the  appropriations  made  for  such  agencies  and  de- 
partments, in  the  same  manner  as  other  disbursements  are  made  by  such  agencies 
and  departments. 

Municipal  corporations  shall  provide  for  the  funds  to  pay  their  prescribed 
premiums  into  the  fund,  and  said  premiums  and  premiums  of  state  agencies  and 
departments  shall  be  paid  into  the  fund  in  the  same  manner  as  herein  provided 
for  other  employers  subject  to  this  act. 

Any  employer  whose  employment  in  this  State  is  to  be  for  a  definite  or  limited 
period,  which  could  not  be  considered  "regularly  employing"  within  the  meaning 
of  this  act,  may  elect  to  pay  into  the  workmen's  compensation  fund  the  premiums 
herein  provided  for,  and  at  the  time  of  making  application  to  the  commissioner, 
such  employer  shall  furnish  statement  under  oath  showing  the  probable  length 
of  time  the  employment  will  continue  in  this  State,  the  character  of  the  work, 
an  estimate  of  the  monthly  payroll,  and  any  other  information  which  may  be 
required  by  the  commissioner.  At  the  time  of  making  application  such  employer 
shall  deposit  with  the  state  compensation  commissioner  to  the  credit  of  the 
workmen's  compensation  fund  the  amount  required  by  section  twenty-four  of 
this  act,  which  amount  shall  be  returned  to  such  employer  if  his  application  be 
rejected  by  the  commissioner.  Upon  notice  to  such  employer  of  the  acceptance 
of  his  application  by  the  commissioner,  he  shall  be  an  employer  within  the  mean- 
ing of  this  act,  and  subject  to  all  of  its  provisions. 

Any  foreign  corporation  employer  electing  to  comply  with  the  provisions  of 
this  act  and  to  receive  the  benefits  hereunder,  shall  at  the  time  of  making  applica- 
tion to  the  commissioner,  in  addition  to  the  other  requirements  of  this  act,  furnish 
such  commissioner  with  a  certificate  from  the  secretary  of  state  showing  that  it 
has  complied  with  all  the  requirements  necessary  to  enable  it  to  legally  do  business* 
in  this  State,  and  no  application  of  such  foreign  corporation  employer  shall  be 
accepted  by  the  commissioner  until  such  certificate  is  filed. 

For  the  purpose  of  this  act  a  mine  shall  be  adjudicated  within  this  State  when 
the  maui  opening,  drift,  shaft  or  slope  is  located  wholly  within  this  State. 

• 

Any  employee  within  the  meaning  of  this  act  whose  employment  necessitates 
his  temporary  absence  from  this  State  in  connection  with  such  employment  and 
such  absence  is  directly  incidental  to  carrying  on  an  industry  in  this  State  who 
shall  have  received  injury  during  such  absence  in  the  course  of  and  resulting  from 
his  employment,  shall  not  be  denied  the  right  to  participate  in  the  workmen's 
compensation  fund. 

An  independent  contractor  who  sub-lets  any  portion  of  his  contract  shall  be 
considered  the  employer  of  the  employees  of  any  sub-contractor  and  shall  carry 
on  his  payroll  the  names  of  such  sub-contractor's  employees  and  pay  the  pre- 
scribed premium  on  their  wages  during  the  period  such  employees  are  working; 
under  his  contract. 


SCHOOL  LAW  OF  WEST  VHMHNIA  91 

THE  CHILD  LABOR  LAW 

(Being  chapter  131  of  the  Acts  of  the  Legislature  of  nineteen  hundred  nineteen, 
regular  session.) 

Section  1.  That  no  child  under  fourteen  years  of  age  shall  be  employed,  per- 
mitted or  suffered  to  work  in,  about,  or  in  connection  with  any  gainful  occupation 
except  agriculture  or  domestic  service;  provided  that  boys  twelve  years  of  age 
or  over  may  be  employed  in  mercantile  establishments  and  business  offices  outside 
of  school  hours  provided  that  they  obtain  a  special  work  permit  from  the  school 
authorities  as  hereinafter  provided. 

That  it  shall  be  unlawful  for  any  person,  firm  or  corporation  to  employ,  permit, 
or  suffer  any  child  under  fourteen  years  of  age  to  work  in  any  business  or  service 
whatever  during  any  of  the  hours  when  the  public  schools  of  the  school  district 
in  which  the  child  resides  are  in  session. 

Sec.  2.  That  no  child  under  the  age  of  sixteen  years  shall  be  employed,  per- 
mitted, or  suffered  to  work  in  any  occupation  dangerous  to  the  life  or  limb,  or 
injurious  to  the  health  or  morals  of  such  child.  The  state  commissioner  of  labor, 
the  state  commissioner  of  health,  or  the  state  superintendent  of  free  schools 
may  from  time  to  time,  after  hearing  duly  had,  determine  whether  or  not  any 
particular  trade,  process  of  manufacture,  or  occupation  in  which  the  employ- 
ment of  children  under  the  age  of  sixteen  years  is  not  already  forbidden  by  law, 
or  any  particular  method  of  carrying  on  such  trade,  process  of-  manufacture,  or 
occupation,  is  sufficiently  dangerous  to  the  lives  or  limbs  or  injurious  to  the 
health  or  morals  of  children  under  sixteen  years  of  age  to  justify  their  exclusion 
therefrom.  No  child  under  sixteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  occupation  thus  determined  to  be  dangerous  or  injurious  to 
such  children.  There  shall  be  a  right  of  appeal  to  the  supreme  court  of  appeals 
from  any  such  determination. 

No  child  under  the  age  of  sixteen  years  shall  be  employed,  permitted,  or  suffered 
to  work  in  any  mine,  quarry,  tunnel  or  excavation.  No  child  under  the  age  of 
sixteen  years  shall  be  apprenticed,  given  away,  let  our,  or  otherwise  disposed  of 
to  any  person  or  company  to  engage  in  the  occupation  or  service  of  rope  or  wire 
walker,  gymnast,  contortionist,  circus  rider,  acrobat  or  clown,  nor  in  any  in- 
decent, obscene  or  immoral  exhibition  or  practice;  and  it  shall  be  unlawful  for 
any  person,  firm  or  corporation,  to  take,  receive  or  employ  such  child  for  any  of 
the  purposes  or  occupations  mentioned  in  this  paragraph. 

Sec.  3.  That  no  child  between  the  ages  of  fourteen  and  sixteen  years  shall  be 
employed,  permitted,  or  suffered  to  work  in  any  gainful  occupation,  unless 
the  person,  firm  or  corporation  by  whom  such  child  is  employed,  permitted, 
or  suffered  to  work,  obtains  and  keeps  on  file  and  accessible  to  officers  charged 
with  the  enforcement  of  this  act,  a  work  permit  issued  by  the  superintendent  of 
schools  of  the  city  or  county  in  which  such  child  resides,  or  person  authorized 
by  him  in  writing.  The  superintendent  of  schools  or  person  authorized  by  him 
in  writing  shall  issue  such  work  permit  only  upon  receipt  of  the  following  docu- 
ments: 

Proof  of  Prospective  Employment 

A  written  statement  signed  by  the  person  for  whom  the  child  expects  to  work,. 


92  SCHOOL  LAW  OF  WEST  VIBGINIA 

that  he  intends  legally  to  employ  such  child  and  agrees  to  return  the  work  permit 
to  the  issuing  officer  within  two  days  of  the  termination  of  such  child's  employ- 
ment. 

Proof  of  Age 

(a)  A  birth  certificate  or  attested  transcript  thereof  issued  by  a  registrar  of 
vital  statistics  or  other  officer  charged  with  the  duty  of  recording  births. 

(b)  Or  a  record  of  baptism  or  a  certificate  or  attested  transcript  thereof 
showing  the  date  of  birth  and  place  of  baptism  of  the  child. 

(c)  Or  a  bona  fide  contemporary  record  of  the  date  and  place  of  the  child's 
birth  kept  in  the  Bible  in  which  the  records  of  the  births  of  the  family  of  the 
child  are  preserved,  or  other  documentary  evidence  approved  by  the  state  com- 
missioner of  labor,  such  as  a  passport  showing  the  age  of  the  child,  a  certificate  of 
arrival,  in  the  United  States  issued  by  the  United  States  immigration  officers  and 
showing  the  age  of  the  child,  or  a  life  insurance  policy;  provided,  that  such  other 
satisfactory  documentary  evidence  has  been  in  existence  at  least  one  year  prior 
to  the  time  it  is  offered  in  evidence;    and  provided,  further,  that  a  school 
record  or  parent's,  guardian's  or  custodian's  affidavit,  certificate,  or  other  written 
statement  of  age  alone  shall  not  be  accepted. 

(d)  A  certificate  signed  by  the  public  health  physician  or  a  public  school 
physician  specifying  what  in  the  opinion  of  such  physician  is  the  physical  age  of 
the  child;  such  certificate  shall  show  the  height  and  weight  of  the  child  and  other 
facts  concerning  its  physical  development  revealed  by  examination  and  upon 
which  the  opinion  of  the  physician  as  to  the  physical  age  of  the  child  is  based. 
In  determining  such  physical  age  the  physician  shall  require  that  the  school 
record  or  the  school  census  record  showing  the  child's  age  be  submitted  as  sup- 
plementary evidence. 

The  issuing  officer  shall  require  first  the  proof  specified  in  sub-division  (a) 
and  shall  not  accept  the  proof  designated  in  any  subsequent  sub-division  until 
he  shall  have  been  convinced  that  the  proof  specified  in  the  preceding  sub-division 
cannot  be  obtained. 

Proof  of  Schooling 

A  certificate  signed  by  the  principal  of  the  school  last  attended  showing  that 
the  child  can  read  and  write  correctly  simple  sentences  in  the  English  language 
and  that  he  has  satisfactorily  completed  the  studies  covered  in  the  first  six  yearly 
grades  of  the  elementary  public  schools,  or  their  equivalent;  in  case  such  cer- 
tificate cannot  be  obtained,  then  the  officer  issuing  the  work  permit  shall  examine 
such  child  to  determine  whether  he  can  meet  the  educational  standard  specified 
and  shall  file  in  his  office  a  statement  setting  forth  the  result  of  such  examination. 

Proof  of  Physical  Fitness 

A  certificate  signed  by  a  medical  inspector  of  schools  or  public  health  officer 
stating  that  the  child  has  been  examined  by  him  and  in  his  openion  has  reached 
the  normal  development  of  a  child  of  its  age,  and  is  in  sound  health  and  physically 
.able  to  be  employed  in  the  occupation  in  which  the  child  intends  to  engage. 


SCHOOL  LAW  OF  WEST  VIRGINIA 


Provided,  that  the  superintendent  of  schools,  or  person  authorized  by  him 
in  writing  shall  have  authority  and  is  hereby  empowered  to  issue  a  vacation  work 
permit  to  children  fourteen  years  of  age  or  over  without  requiring  a  statement 
that 'the  child  has  completed  the  sixth  grade  of  the  elementary  course  of  study, 
or  its  equivalent,  as  hereinbefore  provided.  Such  vacation  work  permit  shall  be 
different  in  form  and  color  from  the  regular  work  permit  and  shall  be  valid  only 
during  the  time  when  the  public  schools  of  the  district  in  which  the  child  resides- 
are  not  in  session.  Every  vacation  work  permit  shall  be  null  and  void  on  the  day 
the  public  schools  open  for  regular  session.  Provided,  further,  that  the  super- 
intendent of  schools  or  person  authorized  by  him  in  writing  shall  have  authority 
and  is  hereby  empowered  to  issue  a  special  work  permit  to  any  boy  twelve  years 
of  age  or  over  to  work  in  business  offices  and  mercantile  establishments  outside 
of  school  hours  without  requiring  a  statement  that  he  has  completed  any  school 
grade  whatsoever. 

Sec.  4.  That  the  work  permit  mentioned  in  the  foregoing  section  shall  set 
forth  the  full  name,  the  date  and  place  of  birth  of  the  child  with  the  name  and 
address  of  his  parent,  guardian,  or  custodian  and  shall  certify  that  the  child  has- 
appeared  before  the  officer  issuing  the  permit  and  submitted  the  proofs  of  age, 
physical  fitness,  schooling  and  prospective  employment  required  in  the  fore- 
going section.  Printed  forms  for  these  permits  and  certificates  shall  be  pre- 
pared and  furnished  by  the  state  commissioner  of  labor  to  the  superintendent  of 
schools  in  the  cities  and  counties  of  the  State.  A  copy  of  each  permit  issued  shalt 
be  forwarded  to  the  state  commissioner  of  labor  within  four  days  of  its  issuance 
and  there  shall  be  kept  in  the  office  of  the  issuing  officer  a  record  of  all  permits 
granted  and  of  all  applications  denied  as  well  as  all  certificates  of  age,  schooling, 
physical  fitness  and  prospective  employment  submitted  by  the  applicants  for 
permits.  The  state  commissioner  of  labor  may  at  any  time  revoke  a  permit  if 
in  his  judgment  it  was  improperly  issued  and  for  this  purpose  he  is  authorized  to 
investigate  into  the  true  age  of  any  child  employed  to  hear  evidence  and  to- 
require  the  production  of  relevant  books  or  documents;  if  the  permit  be  revoked 
the  issuing  officer  and  the  person  employing  the  child  at  the  time  shall  be  notified 
of  such  action,  and  the  child  shall  not  thereafter  be  employed  or  permitted  to- 
labor  until  a  new  permit  has  been  legally  obtained. 

Sec.  5.  That  upon  the  request  of  any  employer  who  is  desirous  of  employing 
a  child  who  represents  his  or  her  age  to  be  sixteen  years  or  over,  the  local  officer 
charged  with  the  issuance  of  work  permits  shall  require  of  such  child  the  proof 
of  age  specified  in  section  three  of  this  act  and  upon  receipt  thereof  if  it  be  found 
that  the  child  is  actually  sixteen  years  of  age  or  over,  shall  issue  to  such  employer 
a  certificate  showing  the  age  and  date  and  place  of  birth  of  such  child.  Such  age 
certificate  when  filed  in  the  office  of  the  employer  shall  be  accepted  by  the  officer 
charged  with  the  enforcement  of  this  act  as  evidence  of  the  age  of  the  child  in 
whose  name  it  was  issued.  Any  officer  charged  with  the  enforcement  of  this  act 
may  inquire  into  the  true  age  of  a  child  apparently  under  the  age  of  sixteen  years- 
who  is  employed,  permitted  or  suffered  to  work  in  any  gainful  occupation  and 
for  whom  no  work  permit  or  age  certificate  is  on  file  and  if  the  age  of  such  child 
be  found  to  be  actually  under  sixteen  years  the  presence  of  such  child  in  such 
establishment  shall  be  deemed  a  violation  of  the  provisions  of  this  act.  The  state 
commissioner  of  labor  may  at  any  time  revoke  any  such  age  certificate  if  in  his 
judgment  it  was  improperly  issued  and  for  this  purpose  he  is  authorized  to  inves- 


SCHOOL  LAW  OF  WEST  VIRGINIA 


tigate  into  the  true  age  of  any  child  employed  as  in  the  case  of  work  permits. 
The  issuance  of  work  permits  and  of  age  certificates  shall  be  under  the  super- 
vision of  the  state  superintendent  of  free  schools,  who  shall  seek  at  all  times  to 
•standardize  this  work. 

Sec.  6.  That  no  child  under  the  age  of  sixteen  years  shall  be  employed,  per- 
mitted or  suffered  to  work  in,  about  or  in  connection  with  any  gainful  occupation 
except  agriculture  or  domestic  service  for  more  than  six  days  in  any  one  week, 
nor  more  than  forty-eight  hours  in  any  week,  nor  more  than  eight  hours  in  any 
one  day;  nor  before  the  hour  of  six  o'clock  in  the  morning,  nor  after  the  hour  of 
seven  o'clock  in  the  evening  of  any  day.  Every  employer  shall  post  and  keep 
posted  in  a  conspicuous  place  in  every  room  where  any  child  between  the  ages  of 
fourteen  and  sixteen  years  is  employed,  permitted  or  suffered  to  work,  a  printed 
notice  setting  forth  the  maximum  number  of  hours  such  person  may  be  required 
or  permitted  to  work  each  day  of  the  week,  the  hours  beginning  and  ending 
work  each  day  and  the  time  allowed  for  meals;  the  printed  form  of  such  notice 
shall  be  furnished  by  the  state  commissioner  of  labor  and  the  employment  of 
such  child  for  a  longer  time  in  any  day  than  so  stated  or  at  any  time  other  than 
as  stated  in  said  printed  notice,  shall  be  deemed  a  violation  of  the  provisions  of 
this  section. 

Sec.  7.  That  it  shall  be  the  duty  of  the  state  commissioner  of  labor,  his  assist- 
ants, factory  inspectors,  school  truancy  officers  and  accredited  agent  of  the 
liumane  society,  to  enforce  the  provisions  of  this  act;  provided,  however,  that 
the  provisions  relating  to  the  employment  of  children  in  mines  shall  be  enforced 
by  the  state  department  of  mines,  said  department  to  make  complaint  against 
any  person,  firm  or  corporation,  violating  any  of  the  provisions  of  this  act,  and 
to  prosecute  the  same  before  any  magistrate  or  court  of  competent  jurisdiction. 

Sec.  8.  That  any  person  or  agent  or  representative  of  any  firm  or  corporation, 
•who  violates  any  of  the  provisions  of  this  act,  or  any  parent,  guardian,  or  custodian 
of  any  child  who  permits  or  suffers  such  child  to  work  in  violation  of  any  of  the 
provisions  of  this  act,  or  any  superintendent  of  county  or  city  schools  who  illegally 
"  issues  a  work  permit  to  a  child,  or  any  person  who  furnishes  false  evidence  in 
reference  to  the  age  or  birthplace  or  educational  qualifications  of  a  child,  shall 
for  a  first  offense  be  punished  by  a  fine  of  not  less  than  twenty  dollars  or  more  than 
fifty  dollars;  for  a  second  offense  by  a  fine  of  not  less  than  fifty  dollars  or  more 
than  two  hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty  days  or 
by  both  such  fine  or  imprisonment;  for  a  third  or  subsequent  offense  by  a  fine  of 
not  less  than  two  hundred  dollars  or  by  imprisonment  for  not  more  than  sixty 
days  or  by  both  such  fine  and  imprisonment. 

Sec.  9.  That  sections  twenty-four  (insofar  as  it  relates  to  the  employment  of 
children)  twenty-five,  seventy-one,  seventy-two,  seventy-three  and  seventy- 
four,  chapter  filteen-h  and  section  sixteen-d  (two)  chapter  one  hundred  and 
forty-four,  code  one  thousand  nine  hundred  and  sixteen,  and  all  acts  or  part  of 
acts  inconsistent  herewith  are  hereby  repealed. 


APPENDIX 


SCHOOL  CALENDAR 

July 

1 .        School  year  begins. 

(On  or  before)  Sheriff  settles  with  County  Financial  Secretary.    (Before) 

'Sheriff  reports  delinquent  property. 
1st      Monday.— Board  of  Education  meets  to  employ  teachers  and  to  fix 

salaries,  etc. 

4.        Independence  day.    Legal  Holiday. 
3rd     Monday.— (or  as  soon  thereafter  as  practicable)  Trustees  meet  to  employ 

teachers. 
20.        (On  or  before)  Auditor  notified  State  Superintendent  of  the  amount  of 

the  General  School  Fund. 

August 

1.  (On  or  before)  County  Superintendent  makes  report  to  State  Super- 
intendent. 

2nd  Tuesday. — Board  of  Education  meets  to  ascertain  the  condition  of  the 
fiscal  affairs  of  the  district  and  to  make  up  an  itemized  statement  thereof. 

2nd  Tuesday. — (On  or  before)  Assessor  certifies  value  of  property  to  Secretary 
of  Board  and  County  Superintendent. 

4th  Tuesday. — Board  meets  to  consider  objections  to  estimate  and  pro- 
posed levy  and  to  lay  levy. 

4th     Tuesday. — (Within  three  days  after)  Secretary  reports  rate  of  levy. 

September 

1.        (Before)  Auditor  reports  condition  of  School  Fund  to  the  Governor  and 

the  State  Superintendent. 
1st      Monday — Labor  Day. 

October 

1.        (On  or  before)  High  School  Aid  Fund  apportioned. 
12.        Columbus  Day — Not  legal  holiday.    Schools  should  study  Columbus. 

November 

Last  Thursday.— Thanksgiving  Day.    Legal  Holiday. 

December 

25.        Christmas— Legal  Holiday. 

January 

1.        New  Year's  Day. 

(On  or  before)  State  Superintendent  makes  report  to  Governor. 


98  SCHOOL  LAW  OF  WEST  VIRGINIA  » 

February 

12.        Lincoln's  Birthday. — Not  holiday. — Schools  should  study  Lincoln. 
22.        Washington's  Birthday— Schools  shall  be  open  and  appropriate  exercises 
held. 

April 

1.        (On  or  before)  Teachers  take  enumeration. 

15.        (On  or  before)  Secretary  transmits  summary  of  enumeration  to  County 
Superintendent. 

May 

1.        (On  or  before)  Governor  appoints  member  of  State  Board  of  Education. 
1.        (On  or  before)  County  Superintendent  forwards  to  State  Superintendent 

report  of  enumeration. 
30.        Memorial  Day. 

June 

30.        School  year  ends. 

FORMS  AND  INSTRUCTIONS 

Order  of  Proceedings  at  the  First,  Second  and  Third  Annual  Meetings 

of  the  Board 

First  Meeting — First  Monday  in  July 

1.  Appoint  a  secretary. 

2.  May  appoint  trustee  for  each  sub-district. 

3.  Determine  the  number  of  months  the  schools  shall  be  taught  in  the  district 
during  the  school  year. 

4.  Employ  teachers. 

5.  Fix  the  salaries  of  teachers  according  to  the  grade  of  certificate. 

6.  Estimate  the  number  of  teachers  of  each  grade  that  will  be  employed. 

7.  Ascertain  the  whole  number  of  months  to  be  taught  in  the  district  by 
teachers  of  each  grade. 

8.  May  establish  graded  schools,  change  boundaries  of  sub-districts  and 
provide  for  the  erection  of  new  buildings. 

9.  Appoint  attendance  officer. 

Second  Meeting— Second  Tuesday  in  August 

At  this  meeting  the  Board  shall  ascertain  the  condition  of  the  fiscal  affairs  of 
the  district  and  make  up  an  itemized  statement  thereof  setting  forth : 

1.  The  separate  amounts  due  the  building  fund  and  the  teachers'  fund  from 
all  sources  or  to  become  due  these  funds  within  the  current  fiscal  year. 

2.  All  debts  and  demands  upon  both  funds  owed  by  the  district  or  to  become 
due  and  payable  within  the  current  year. 

3.  All  other  expenditures  to  be  made  and  payable  out  of  each  fund  within 
the  current  fiscal  year. 


SCHOOL  LAW  OF  WEST  VIRGINIA  99 

4.  The  separate  amounts  necessary  to  be  raised  for  each  fund  and  the  pro- 
posed rates  of  levy. 

5.  The  aggregate  value  of  all  taxable  property  in  the  district,  stating  sepa- 
rately the  assessed  value  of  real  estate,  personal  property  and  property  assessed 

by  the  Board  of  Public  Works.. 

A  copy  of  the  above  statement  shall  be  prepared  and  certified  for  publication 
as  required  by  Section  3,  School  Levies  and  School  Funds.  The  Board  shall 
then  stand  adjourned  until  the  fourth  Tuesday  in  August. 

Third  Meeting— Fourth  Tuesday  in  August 

The  Board  shall  at  this  meetirg  transact  the  following  business: 

1.  Hear  and  consider  any  objections  made  to  their  estimate  and  proposed 
levy. 

2.  Enter  an  order  of  record  showing  the  objections  made  and  the  reasons 
for  the  same. 

3.  Reconsider  the  original  estimate  and  proposed  rate  of  levy  and  correct 
the  same  if  the  objections  sppear  to  be  well  taken. 

4.  Enter  of  record  the  corrections  made. 

5.  Lay  the  levy. 

The  following  calculations  will  be  convenient  for  ieferer.ce  in  making  levies 
for  school  purposes: 

Number  of  teachers  to  be  employed  in  the  district 20 

Number  of  months  to  be  taught  durirg  the  year 6 

Amount  of  money  to  pay  all  teccheis  (estimated) $7,200 

This  estimate  is  made  as  follows: 

5  No.  1  grade  teachers  at  $75  per  month $   375 

10  No.  2  grade  teachers  at  $60  per  month 600 

5  No.  3  grade  teachers  at  $45  per  month 225 


Monthly  pay $1,200 


Total  for  term ». $7,200 

Deduct  amount  on  hand  (est.) 170 


Amount  to  be  raised  for  teachers'  fund $7,030 

To  ascertain  the  number  of  cents  to  be  levied  on  every  one  hundred  dollars' 
valuation  of  property  in  the  district  to  raise  $7,030  by  taxation,  suppose  the 
whole  valuation  in  the  district  to  be  $1,850,000. 

RULE — Drop  the  cents,  if  any,  and  add  four  ciphers  to  the  amount  in  dollars 


100  SCHOOL  LAW  OF  WEST  YEBGINIA 

to  be  raised  by  the  levy,  and  divide  by  the  amount  in  dollars  taxable  property. 
Example:    1,850,000)7,030,000,0(38  cents* 
5,550,000 

1,480,000,0 
1,480,000,0 


Similar  calculations  should  be  made  in  relation  to  the  maintenance  building 
fund. 

FORM  NO.  I 
Form  of  Orders  to  Be  Entered  of  Record  by  the  Board  of  Education 

OFFICE  OF  THE  BOARD  OF  EDUCATION 

DISTRICT,  IN  THE  COUNTY  OF 

WEST  VIRGINIA. 

At  a  meeting  of  the  Board  of  Education  held  on  the day  of 

19 . . . . ,  there  were  present, president,  and and , 

members  of  the  board. 

On  motion  of ,  it  is  ordered  that. be,  and  he  is  hereby 

appointed  Secretary  of  this  Board. 

On  motion  it  is  ordered  that  the  following  named  persons  be  appointed  trustees 
in  the  following  named  sub-districts,  for  a  term  of  one  or  three  years,  and  until 
their  successors  are  appointed  and  qualified : 

Trustee  for  Sub-District  No.  1 


Trustee  for  Sub-District  No.  2 


On  motion  of ,  it  is  ordered  that  the  salaries  of  teachers  per 

month  for  the  school  year,  shall  be  as  follows,  according  to  the  grade  of  their 

certificates:  For  Normal  School  (Diploma)  certificate,**  $ ;  for  grade 

No.  1,  $ ;  for  grade  No.  2,  $ ;  for  grade  No.  3,  $ 

It  is  found  by  the  board  that  in  addition  to  the  available  funds  now  on  hand, 

$ will  be  necessary  for  the  payment  of  teachers'  salaries  for  the  current 

year,  and  on  motion  of ,  it  is  ordered  that  a  tax  of cents  on 

the  one  hundred  dollars'  valuation  of  the  real  estate  and  personal  property  of  the 
district  be  levied  for  that  purpose. 

(A  similar  order  should  be  entered  in  relation  to  the  levy  for  building  fund.) 

On  motion  of ,  it  is  ordered  that  the  president  and  secretary  of 

this  board  be  authorized  to  sign,  in  vacation,  all  proper  orders  for  the  payment 
of  money  out  of  the  teachers'  fund  or  the  building  fund,  for  the  salaries  of  teachers 

*If  the  rate  exceeds  40c  for  the  teachers'  fund  or  lOc  for  the  maintenance  building  fund,  appli- 
cation should  be  made  to  the  State  Superintendent  for  supplementary  aid. 

**Boards  may  at  their  discretion  fix  a  higher  rate  for  such  certificates. 


SCHOOL  LAW  OF  WEST  Vnwiiai 


employed  and  claims  allowed  by  the  board,  and  that  they  report  the  orders 
drawn  on  each  fund,  at  the  next  meeting  of  this  board. 

The  secretary  of  this  board  made  a  report  this  day  for  the  several  orders  drawn 
by  him  and  the  president,  on  the  teachers'  fund  and  the  building  fund,  respectively, 
since  the  last  meeting  of  the  board,  as  follows:    An  order  on  the  teachers'  fund, 
in  favor  of  ..........  ,  a  teacher,  for  $  ........  ;  an  order  in  favor  of  ..........  , 

a  teacher,  for  $  ........  ;  also  an  order  on  the  building  fund,  in  favor  of  .......... 

for  work  done  on  ..........  school  house,  for  $  ........  ;  and  an  order,  in  favor 

of  ..........  for  furnishing  wood  for  ..........  schopl  house  for  $  ........ 

On  motion  of  ..........  ,  it  is  ordered  that  when  in  the  opinion  of  the  presi- 

dent or  of  the  two  commissioners  it  is  deemed  necessary,  the  president  or  secre- 
tary may  call  a  special  meeting  of  this  board. 

On  motion  the  board  does  now  adjourn. 

Secretary  President 


FORM  NO.  II 

Order  of  Appointment  to  Fill  a  Vacarcy  in  the  Beard  of  Trustees 

[To  be  entered  in  records  of  the  board.] 

There  being  a  vacancy  in  the  board  of  trustees  in  sub-district  No , 

in  the  district  of ,  on  motion  of ,  it  is  ordered  that 

be,  and  he  is  hereby  appointed  to  fill  said  vacancy  for  the  unexpired 

term,  and  till  his  successor  shall  be  appointed  and  qualified. 

Note — This  order  of  appointment  should  be  entered  in  the  record  book  of  the  board  of  educa- 
tion at  a  regular  meeting  and  a  copy  of  it  signed  by  the  secretary  of  the  board  served  upon  the 
appointee. 


FORM  NO.  Ill 
Appointment  of  a  Member  of  the  Beard  of  Education  to  Fill  a  Vacancy 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

OF  THE  COUNTY  OF 

,  West  Virginia ,19 

It  having  been  made  known  to  me  that  there  is  a  vacancy  in  the  board  of  edu- 
cation in district  in  my  said  county,  I , 

county  superintendent  of  said  county,  in  pursuance  of  the  authority  vested  in 

me  by  law,  hereby  appoint to  fill  the  vacancy  in  said  board  until 

the  next  general  election. 

.,  COUNTY  SUPERINTENDENT 


302  SCHOOL  LAW  OF  WEST  VIEGINIA 


FORM  NO.  IV 
Call  for  Special  Meeting 

OFFICE  OF : ) 

DISTRICT,     ) 

COUNTY,  W.  VA.    ) 

,19.... 

It  appearing  to that  a  special  meeting  of  the  board  of  education 

of  said  district  is  necessary  to  transact  business  relating  to  ......* and 

other  matters,  a  meeting  is  hereby  called  at at 

o'clock M, 19 You  are  requested  to  be  present. 

SECRETARY 

To.. 


INDEX 


SEC.  PAGE 
Accounts: 

Expense: 

advisory  council 5                       10 

for  attending  conferences....... . . ........— ...„  37                        19 

state  board  of  education,... ___.__._. . ^. ...,.„..........„..„..„ 5                        10 

state  superintendent  of  schools. 17                       15 

supervisor  of  colored  schools. — 25                       1 7 

trustees.__ %  53                      24 

teachers'  institute... 118                       45 

uniform  examination  fees............ .. ..............................__...._.._......_  100                       39 

Acts: 

abolishing  the  common  drink.ing-cup.___........._....__.. —..«— ... ...-..*.....».....  87 

child  labor. 91-94 

extension  of  term  in  normal-training  high  schools. ..... .„__. 77 

prohibiting  the  use  of  cigarettes. ' 88 

public  libraries. . ......... 85-87 

school  code. 9-68 

school  levies  and  school  funds. 69-76 

state  board  of  control 78-85 

state  compensation  act _..„._... „„___  89-90 

state  department  of  health. •                       88-89 

Additional: 

fund  purposes. 9                      73 

levy  for  elementary  and  high  schools. 5  d                  71 

salary  for  teachers. 55                      25 

term  of  school _._  54                      25 

Age: 

birth  certificate  may  be  required  by  attendance  officer 123                      47 

children  admitted  to  kindergarten  schools 60                      29 

compulsory  attendance............ ............................. m*-^  122                       46 

children  under  fourteen  not  to  be  employed..... . . . . ...  1                        91 

deaf  and  blind,  compulsory  attendance. ., 130                      49 

employed  children  shall  attend  evening  schools. 1 29                      49 

enumeration  of  youths  between  six  and  twenty-one. 91-92                      38 

legal  school '. 54                     25 

proof,  required  in  the  employment  of  children 3  a-d               92 

teacher's  minimum „ „ . 96                       38 

unemployed  children  under  sixteen  shall  attend  school 128                      48 

Appeal: 

county  superintendent  concerning  transfer  of  pupils. 59                      29 

supreme  court  concerning  use  of  school  funds. 12                      75 

Applicants: 

coupons  of  credit. 121                       45 

elementary  certificates. 1 04                       40 

emergency  certificates. 109                       42 

high  school  certificates.. 105                     41 


104  INDEX 


SEC.  PAGE 

renewal  of  certificates.. Ill  43 

short-course  certificates 1 07  42 

special  certificates.- 1 08  42 

teacher's  certificates,  general  requirements 96  38 

Appointment : 

advisory  council  for  colored  schools 5                        10 

assistants  for  conducting  examinations.. 99                       39 

assistants  to  state  superintendent 25 

attendance  officers 1 23                        47 

district  supervisors 56                      26 

medical  inspectors  and  school  nurses. 64                       30 

members  state  board  of  control I                        78 

members  state  board  of  education.. 4                          9 

secretary  district  board  of  education. 69 

secretary  state  board  of  education 6 

teachers... 57 

trustees.. i 53                       24 

uniform  examination  graders 1 02 

vacancies  in  district  board  of  education 43 

Assessor: 

certificate  of  valuation  of  property 

penalty  for  failure  to  perform  duty 74 

Attendance: 

district  institute 1 20  45 

compulsory 1 22- 1 30  46 

county  institute _ 114  44 

officer. 123  47 

Auditor: 

general  school  fund,  amount  reported  by 7 

inmates  of  industrial  school  listed  by .'. 169  60 

institute  fees  sent  to. 

report  of  state  board  of  control  to.. 63 

schools,  deaf  and  blind,  expense  for  clothing 

uniform  examination  fees  sent  to._ 1 00 

Authority: 

board  of  education: 

to  appoint  trustees 

to  appoint  dfstrict  supervisors 56 

to  provide  kindergartens 60 

to  purchase  flags...'. 63 

to  establish  teachers'  retirement  fund.. 66 

to  close  schools  for  lack  of  attendance 

to  discontinue  high  schools 36 

teacher's. 87  36 

Ballot: 

bonded  indebtedness - 9  c 

secretary  to  prepare  and  furnish 

vote  on  increasing  levy 5  d  69 

Blanks  and  Forms: 

child  labor  permits  and  certificates 

furnished  by  state  superintendent 

preparation  of  forms  for  levies 

teachers'  reports. 87 

Used  by  boards  of  education. (Appendix)  100 


INDEX  105 


SEC.  PAGE 
Boards: 

abolished 16 

county  and  district  high  school 78 

district  board  of  education. 41-68 

school  fund,  constitutional  provision. XII.  4 

state  board  of  control 1-16                       78 

state  board  of  education. 4-16                         9 

state  board  of  health. 1-4                      88 

Bond: 

contractors,  repair  of  school  houses... 24 

county  superintendent  of  schools... 1 7 

members  state  board  of  control 78 

publishers  of  text  books. lib                   13 

Bonds: 

bonded  indebtedness,  constitutional  provision X,  8                         4 

outstanding  bonded  indebtedness 9  b 

sinking  fund  to  pay  bonded  indebtedness....... 9  b  &  c           73 

voting  of. 1 83                      64 

Books: 

free  text. 65                      30 

public  libraries  (See  public  libraries).- 85 

school  libraries.... 62                       29 

school  text,  adoption  (See  text  books,  also) 12 

Branches : 

elementary  certificates  examination.- 104                        40 

normal  school 1 47                       53 

Building  Fund: 

building,  furniture,  equipment,  and  repairs. — 

expenses  of  trustees  to  be  paid  out  of. 24 

janitors  to  be  paid  out  of. 53                       24 

levy  for  elementary  schools. — „ 5                        71 

levy  for  high  schools. 71 

oil  and  gas  rental  to  be  credited  to 48                       22 

proceeds  for  sale  of  school  property  added  to 

teacher's  expenses  for  transportation  of  free  text  books. 65                       30 

Buildings: 

district  high  school 78                       33 

dormitories  for  high  schools 83                       36 

janitors  for._ 53                      24 

joint  district  or  county " 79                        33 

plans  to  be  approved 

repair  and  equipment  of 

school  houses 50                     23 

Certificates: 

credit  for  grades  made  in  school 110                       43 

emergency .'. 109                       42 

elementary 104                       40 

high  school.- 1 05                       41 

life. _ Ill                       43 

normal  school 1 04                       41 

renewal  of. Ill                        43 

revocation  of _ 112                       44 

special., 108                      42 

supervisors 106                      42 


106 


INDEX 


SEC.  PAGE 

Child  Labor  Law: 

age  certificates..™ «5  93 

children  under  fourteen  not  to  be  employed 1  91 

children  under  sixteen  not  to  be  employed  in  dangerous  occupations  2  91 

enforcement  of  the  child  labor  law 7  94 

inconsistent  acts  repealed 9  94 

maximum  number  hours  children  may  be  required  to  work. 6  94 

penalties. 8  94 

work  permits  and  proof  of  prospective  employment,  age,  schooling, 

and  physical  fitness  required 3  91 

Cigarettes: 

use  prohibited  on  school  property. 2,  4 

Clerk  of  County  Court: 

certify  to  name  and  bond  of  county  superintendent. 31  17 

keep  a  record  of  settlement  with  sheriff. 190  "66 

rate  of  levies  to  be  reported  to._ 6  71 

Colored: 

institute,  Bluefield 151                       56 

institute,  Collegiate 15JD 

members  of  advisory  council 5                        10 

schools. 67                      31 

state  supervisor.- 

youth  not  to  be  taught  with  white  (constitutional  pr.) XII,  8  6 

Compensation: 

advisory  council ........ ............................................................... ..............  5 

assistants  in  uniform  examination 

attendance  officer. 1 23                      47 

county  superintendent  of  schools... 

county  financial  secretary 

district  board  of  education ~ 45 

institute  attendance     .                        ...... ..................... . .„.  114                       44 

institute  instructors 117                       45 

janitors. 53 

school  librarian 62 

secretary  to  state  board  of  education 6 

state  board  of  education... ..... .......... . ...................................  5 

teachers ................ ........ ... ............ ......................  55                      25 

state  superintendent  of  schools. 

supervisor  of  colored  schools. — v 25                       1 7 

Compulsory  Attendance: 

ace,  time,  misdemeanor ................. ........................ ........................  1 22                       46 

aiding  or  abetting  violation  of 1 26                      48 

attendance  officer — duties. t. 

deaf  and  blind 1 30 

excused  for  attendance  for. 1 22  a-i                 46 

fine  against  parent  or  guardian 

fines  colloected 48 

fine  for  neglect  of  duty. 48 

part  time  schools  for  employed  children  between  14-16  years 49 

secretary  to  furnish  enumeration  list 48 

unemployed  children  14-16  shall  attend  school 128                       48 

Contracts: 

breaking  of._.. 

school  building  and  repairs 50-52 

teachers. 86  36 

text  books... 11  12 


INDEX  107 

SEC.  PAGE 

County  Superintendent  of  Schools: 

compensation .................. . . . .  33  1 8 

election,  qualification,  oath,  bond. 31               -        17 

may  hold  conference 37  19 

shall  be  chief  executive  officer. 35  19 

shall  be  county  financial  secretary. — 38  19 

shall  exercise  other  authority. 40  20 

shall  make  annual  report. 20 

shall  visit  schools. 36  19 

vacancy,  how  filled.- - .'. —  32  1 8 

Courses  of  Study: 

publication  of . . ......... . ....  23  1 6 

reading  circle.... ..... .................... — .. ..... .......  121  35 

schools  supported  by  state  funds. 12 

state  normals . ... .............. . .... ........ 1 56  57 

Credit: 

coupons  for  professional  work. 45 

grades  made  in  school 1 10  43 

sheriff's  accounts.—.. ..... ............. . . ...... .  1 88  66 

Deaf  and  Blind: 

Compulsory  education 130  49 

West  Virginia  Schools  for  the  Deaf  and  the  Blind 1 52  56 

admission.. .— .. . ... ..... . f .. ............  1 53  56 

clothing. 154  57 

compensation  for  registration. 1 58  58 

course  of  instruction 156  57 

registration. ... .. . . 157  57 

Debt: 

constitutional  provision  for. X,  7  4 

officials  not  to  incur 12  75 

sinking  fund  to  discharge 9  b  73 

Definitions: 

school,  district,  teachers 1  9 

school  district 2  9 

school  year.... .... .......................... ..... .. ...............  9 

Dental  and  Medical  Clinics: 

board  of  education  may  provide  for. 50  23 

District: 

constitutional  provision  for  change XII,  6  6 

definition  of 

high  school 78-79  33 

how  laid  off VIII.  27  3 

independent,  how  created. XII.  10  6 

institutes 120  45 

sub-divisions  of 3 

supervisor 56  26 

duties. 56  26 

may  be  appointed  jointly  by  two  or  more  districts 56  26 

qualifications 56  26 

term  of  employment. 56  26 

District  Board  of  Education : 

bond  required  from  contractors 

evening  schools  and  other  school  extension  activities — 61 

free  text-books.....                                                                          65  30 


108 


INDEX 


SEC.  PAGE 

how    constituted — election — term 41                         21 

may  appoint  district  supervisor 56                        26 

penalty 74                      32 

report 32 

report  rate  of  levy 73                       32 

salary. 76                      33 

may  provide  kindergarten 60                       29 

medical  inspection  and  school  nurses 64                       30 

meetings,  quorum,  compensation.. 45                         21 

minimum  salaries  for  teachers — board  may  increase. 55                        25 

minimum  school  term — board  may  extend  the  same 54                       25 

oath  of  office 44                      21 

other  duties 68                       3 1 

school  lani_ 47 

shall  appoint  teachers 27 

shall  have  general  control 58                       28 

school  property  may  be  sold— 

secretary. 69-77                       31 

abstract  of  proceeding 

administer  oaths 

assessor's  certificate _ 72    .                   32 

general  duties. 69                       3 1 

other  duties .-. 77                      33 

penalty 74 

report ~- 

report,  rate  of  levy 32 

salary. 76 

shall  provide  school  sites 49 

shall  provide  buildings,  furniture,   and  equipment 

shall  provide  school  libraries. — 62 

shall  provide  schools  for  colored  pupils. — 67 

tie  in  the  vote._ 42                       21 

transfer  of  pupils — tuition 

the  district  board  a  corporation 46 

vacancy,  how  filled.. 43                        21 


Drinking  Cup: 

use  of  common  drinking  cup  prohibited;    penalties. — 


87 


Duties: 

attendance  officer '. 

county  superintendent 

district  board  of  education v 

district  supervisor.. 


123 

35-40 

46-68 

56 

secretary  of  district  board  of  education 69-77 

sheriffs,  as  to  school  funds 

state  board  of  control 

state  board  of  education 

state  superintendent. 

teachers 


185-193 

9-18 

7-15 

18-26 

86-95 


Election: 

ballot  of  levies.- 

county  superintendent  of  schools.. 

district  board  of  education 

tie  in  the  vote. 

district  high  school 

joint  or  county  high  school 

school,  how  held I". 

state  superintendent  of  schools 


10 
31 
41 
42 
78 
79 
184 
17 


INDEX  109 


SEC.  PACE 
Elementary: 

certificates _ - 104                      40 

diplomas. - - j  23                       16 

Emergency  Certificates: 

under  regulation  of  state  board  of  education —  109                       42 

Employment: 

assistants  for  conducting  examination 

assistants,  state  superintendent 25                        17 

attendance  officers. .". -123 

children  (see  Child  Labor  Act).__ 1-9                      91 

clerical  assistants,  state  board  of  control 8 

employees  of  state  educational  institutions 7 

medical  inspectors  and  school  nurses. .'. 64 

supervisors.. ....... .......... . 56                       26 

teachers.____ 57                      27 

Enumeration : 

by  whom  taken.__ 91-93                      38 

copy  with  names  of  attendance  officers  for  teachers 124                       48 

deaf  and  blind 130                      49 

manner  of  taking  and  reporting..... ... . 92 

record  and  report  of 94 

Examination: 

assistants  for 99                      39 

elementary  certificates. 1 04                       40 

expenses  of._ 98                      39 

fees  collected A. 1 00                       39 

grading  of  manuscripts 102                       40 

high  school  certificates. 105                       41 

penalties  for  fraud. _ 103                       40 

renewal Ill                      43 

special  certificates... 1 09                      42 

supervisor's  certificates. 1 06                       42 

time  and  place  of  holding 97 

transmitting  question*  and  manuscripts.- 101 

Excuse: 

compulsory  attendance 1 22                       46 

institute  attendance 114                       44 

Expenses : 

advisory  council 5                        10 

board  of  education,  supervisors,  and  principals  for  attending  con- 
ferences...-   37                      19 

examinations 98                       39 

a  state  board  of  education. 5                        10 

state  department  of  schools,  general  school  fund..., 7 

state  superintendent  of  schools 1 7 

state  board  of  control 2                       79 

supervisor  of  colored  schools. 25 

teachers' institute,  to  be  read._ 118                       45 

trustees.. „  53                      24 

Experiment  Station: 

West  Virginia  University 144                       53 

Expulsion: 

board  of  education  may  expel  pupils 

Pupils  having  contagious  diseases  shall  be  excluded  from  school 87                       37 


110  INDEX 


SEC.  PAGE 

Extension: 

department  of  university      _ _  139 

minimum  term          ! 54 

schools _  6 1  29 

Fees: 

institute. _ ! 118 

renewal  of  certificates. — _  77 

tuition: 

elementary  schools 59  28 

high  schools. 81 

uniform  examination.— . . 1 00  ^  ' 

Financial  Secretary,  County: 

county  superintendent  to  be._ ;. 38 

sheriff  to  settle  with._ _  1 87  66 

Fines: 

aiding  or  abetting  violation  of  compulsory  'attendance 1 26 

collection  of 1 27 

compulsory  education  for  the  deaf  and  blind 130 

destruction  of  school  property 8 

financial  secretary  for  failure  to  make  report 39 

fraud  in  examinations. 1 03 

school  officers  for  neglecting  to  enforce  compulsory  attendance 1 25 

use  of  cigarettes. „ 2  .4 

use  of  common  drinking  cup. 1 

Fires: 

building  of. _ 53 

Flags: 

board  of  education,  may  purchase.. 63 

Forfeitures  and  Fines: 

to  go  to  the  general  school  fund. 7 

Forms  and  Blanks : 

child  labor,  state  commissioner  of  labor 4 

levies,  state  tax  commissioner 

school ;   general  statistics.. 1 9 

vocational  education,  state  board  of  education. 133 

Free  Text  Books: 

district  board  of  education  may  provide 65 

regulation  for  distribution  and  care  of  books.__ 65 

Fund: 

additional  purposes 9  '•* 

building: 

for  elementary  schools 5 

for  high  schools 5  71 

teachers: 

for  elementary  schools 

for  high  schools 

general  school  fund 

vocational  (Smith-Hughes) '  3 1 

Furniture: 

for  school  buildings  to  be  provided  by  board 

for  district  and  county  high  schools 78-79 


INDEX  111 


SEC.  PAGE 
General: 

school  fund. 7  72 

to  be  made  up  from  what._.l 7  72 

use  of. . 7  72 

constitutional  amendment- XII.  4  6 

supervision  of  schools: 

consituutional  provision XII,  12  6 

Girls'  Home     (See  industrial  home  for  girls): 

West  Virginia  Industrial 172-180  61 

Governor: 

Advisory  council*  appointed  by.-.—..... .............................................. 5  10 

biennial  report  of  state  superintendent  to 24  16 

board  of  control  appointed  by. I  78 

state  board  of  education  appointed  by _  4  9 

Graded  Schools: 

central,  or  consolidated  schools „ 58  28 

may  extend  term - 54  25 

principals  to  hold  first  grade  certificates. 104  41 

Grades: 

from  accredited  schools  in  lieu  of  examination _  110  43 

of  certificates. 1 04  40 

Graduates: 

Bluefield  colored  institute 151  56 

high  school  certificates  granted  to 105  41 

normal  school  certificates  granted  to.._...................................................  48  22 

short  course  certificate  granted  to _ 107  42 

state  normal 1 47  53 

supervisor's  certificates  granted  to. 1 06  42 

West  Virginia  Collegiate  Institute.. 150  55 

West  Virginia  University. 138  51 

Health: 

board  may  provide  medical  and  dental  clinics. 50 

closing  of  schools  on  account  of  contagious  diseases 57  27 

commissioners  of  health,  powers  and  duties. 1 .  2  88 

control  of  tuberculosis  sanitarium 4  89 

inspectors  and  examiners,  powers  and  duties. 4  88 

public  health  council ~— . _ 2  89 

pupils  having  contagious  diseases  shall  be  excluded. 87  37 

High  School: 

Additional  funds 9  73 

certificates. 105  41 

classification 82  35 

county  and  district 78-79  33 

dormitories. 83  36 

junior. 85  36 

levy. 5  71 

may  be  discontinued 84  36 

normal  training — state  aid 80 

requirements  for  teachers'  certificates.- 

state  aid 82  35 

text-books  exempt  from  state  adoption 

tuition. 81  45 

Holidays: 

how  observed.... 57  27 


112  INDEX 


SEC.  PAGE 

Home  for  Girls  (See  Industrial  Home  for  Girls) : 

West  Virginia  Industrial 172-180  6» 

Houses  (See  buildings): 

school 50  23 

» 

Improvement: 

legislature  to  encourage;    constitutional  provision XII.  12  fr 

school  buildings  and  repairs. 50 

Indebtedness: 

bonded,  constitutional  provision X,  8  4 

outstanding  bonds. ; 9  b 

sinking  fund  to  pay. 9  b  &  c  73 

unlawfully  incurred  by  board;    penalty 

Industrial  School  for  Boys 159  58 

certification  of  list  and  credits  to  county  court — levy  compelling 

payment .* 170  61 

commitments 160  58 

commitment  fees. , - 164 

conveyances  of  youths  to  school — expenses. 1 65 

convicts. 161 

date  accompanying  commitment 162 

Hat  of  inmates  for  auditor 169  60 

offenses 166  60 

payment  by  counties  of  cost  of  detention — reimbursement 1 68  60 

parole 171  61 

proceedings  for  commitment 163 

transfers  between  school  and  penitentiary 167 

Industrial  Home  for  Girls: 

admission 1 73  61 

binding  out  inmates  as  apprentices 

cruelty  to  apprentices. 

date  accompanying  commitment — return  and  sentence 1 74  62 

jurisdiction  of  apprentices — by  circuit  court — desertion 180 

name — location . . ......... ..... ........ .  1 72 

removal  of  apprentices — escapes. 

separation  of  races. 1 76 

trial  on  complaint. 

Inspection : 

medical 64  30 

Institute: 

Bluefield  Colored —  151  56 

West  Virginia  Collegiate. 1 50 

Institutes,  Teachers: 

attendance 114  44 

certificate  of  attendance 115  45 

district 120  45 

enrollment  fee 

instruction . .... ... .......... .  116  45 

pay  of  instructors 

reading  circles — coupon  of  credit 45 

report  to  be  made.. 1 19 

time  and  place  of  holding 113  44 


INDEX 


113 


SEC.  PAGR 
Janitors: 

appointment  of. 53                       24 

compensation. 53                      24 

Joint: 

district  high  schools. 79                       33 

schools.,- 51                      24 

Judgment: 

against  sheriff  for  failure  to  pay  orders — 192                       67 

Jury: 

teachers  exempt  from  serving  on 88                       37 

Justices: 

to  commit  incorrigible  boys  to  industrial  school 160                       58> 

to  remit  fines  to  sheriff 127                       48 

to  try  cases  under  compulsory  attendance  law 122  i                    46 

Kindergarten : 

board  may  provide. 60                       29 

certificates 108                      42 

Lands: 

board  may  purchase... 49                       23 

condemned  for  educational  purposes... 49                       23 

county  superintendent  to  approve... 49                       23 

may  be  sold  by  board  of  education 48                       22 

title  to  school  sites. 47                      22 

Laws: 

abolishing  the  common  drinking  cup 87 

child  labor. '.....  j. 9 1  -94 

constitutional  provisions. : 3-6 

extension  of  term  in  normal  training  high  schools 77 

prohibiting  the  use  of  cigarettes 88 

public  libraries. 85-87 

school  code.__ 9-68 

school  levies  and  school  fund 69-76 

state  board  of  control __ 78-85 

state  compensation  act 89-90 

state  department  of  health 88-89 

Legislature: 

free  schools,  .to  be  provided  for. XII,  5  6 

improvements,  to  emcourage XII,  12  6 

levy,  power  of. X,  5                         4 

term  of  office  to  be  prescribed  by IV,  8                         3 

Levy: 

additional.. 9                      73 

constitutional  provision  for. XII,  5,  7  6 

elementary  schools 5                       7 1 

high  school... 5                      7 1 

meetings  for  laying ...... . . ....... .  -•  . ....... 69 

secretary  to  report. 6                       71 

vore  on,  to  extend  school  term  54                       25 

Libraries: 

board  of  education  to  provide 62                       29 

pay  of  librarian 62                       29 

public  (see  public  libraries) 1-9                       85 


114  INDEX 

SEC.  PAGE 

Life: 

certificates Ill  43 

Location : 

school  buildings,  to  be  approved 50  23 

school  sites,  to  be  approved 49  23 

Mandamus: 

board  may  be  compelled  to  provide  colored  schools 67 

school  officers  may  be  removed  by 12  75 

Manual: 

course  of  study. 23  16 

Maximum  Rate  of  Levy: 

high  schools „ 5  7 1 

maintenance  building  fund 5  a  71 

new  building  fund. 5  b  71 

teachers'  fund 5  c  71 

Medical: 

clinics. _ 50 

health  certificates  may  be  required  of  teachers 64 

inspection.- 64 

Meetings: 

district  board  of  education .            45 

may  be  held  in  school  houses 61 

state  board  of  education 5 

Members : 

advisory  council 5 

district  board  of  education 41 

state  board  of  control 78 

state  board  of  education 4 

Minimum: 

salaries  of  teachers . .. .  55  25 

school  term — may  be  extended 54 

Misdemeanor : 

aiding  or  abetting  violation  of  compulsory  attendance. 126 

enticing  youths  away  from  the  industrial  school. 1 66  60 

failure  to  comply  with  the  compulsory  attendance  law  for  the  deaf 

and  blind. 130 

failure  to  keep  children  in  school 123 

failure  to  report  taxable  property  and  rate  of  levy. 

fraud  in  examination. 1 03 

neglect  to  enforce  compulsory  attendance  law 125 

violations  of  child  labor  act 

Neglect  of  Duty: 

county  superintendent's  failure  to  make  annual  report 

failure  to  enforce  compulsory  attendance  law. 

school  officers  may  be  removed  for. ; IV.  6 

Normal  Schools: 

colored  teachers. „ 150 

short  course  in  high  schools 80  34 

state.__.  147  53 


INDEX  115 


SEC.  PAGE 
Notice: 

of  attendance  officer  to  parents 123  47 

of  election  for  district  high  school 78  33 

of  meeting  of  board  of  education.... 45  21 

of  school  elections  for  levies. !0  74 

of  election  for  all  school  purposes 184  65 

Oath: 

county  superintendent  of  schools... 31  17 

district  board  of  education 44  21 

secretary  of  board  may  administer. 71  32 

state  board  of  control I  78 

state  board  of  education 4  9 

Objections: 

to  estimate  and  proposed  levy. 5  69 

to  sheriff's  settlement-.. 191  67 

Offense: 

compulsory  attendance  law. 122  46 

compulsory  attendance  of  deaf  and  blind 1 30  49 

Officers: 

fined  for  neglect  of  duty. 125  48 

^         may  be  removed,  constitutional  provision IV.  6               .            3 

Order: 

books  to  be  kept  by  secretary. 69  3 1 

for  purchase  of  free  text-books 65  30 

of  proceedings  at  annual  meeting  of  board  (Appendix) 98 

Orders: 

failure  of  sheriff  to  pay 192  67 

teacher's 90  37 

Payment : 

attendance  officers 1 23  47 

bonds..... 9  73 

compensation  for  taking  enumeration.. 93  38 

county  superintendent's  salary 34  18 

examination  fees '. 1 00  39 

high  school  tuition 81  35 

Institute  fees 1 18  45 

institute  instructors. 117  45 

orders  on  sheriffs. 186  65 

teacher's  salary 90  37 

tuition. 59  28 

Penalties: 

aiding  or  abetting  violation  of  compulsory  attendance. 1 26  48 

compulsory  education  for  the  deaf  and  blind 130  49 

destruction  of  school  property 8  87 

financial  secretary  for  failure  to  make  report 39  20 

fraud  in  examinations. 103  40 

school  officers  for  neglecting  to  enforce  compulsory  attendance 125  48 

use  of  cigarettes., ! 2.  4  88 

use  of  common  drinking  cup._ 1  87 

violation  of  compulsory  school  law 122  46 

Plans  and  Location  for  School  Buildings: 

to  be  approved  by  county  superintendent 50 

to  be  selected  by  county  superintendent,  when. 50  23 


116 


INDEX 


SEC.  PAGE 
Powers : 

county  superintendent  of  schools._ 35-40  19 

district  board  of  education 46-68              •          22 

legislature  to  levy;    constitution  provision. X,  5  4 

state  board  of  control 9-18  81 

state  board  of  education 7-16  11 

state  superintendent  of  schools. 1 8-26  1 5 

Preparatory  Branch  of  the  State  University: 

West  Virginia  vocational  school., 148  54 

President: 

district  board  of  education 41  21 

state  board  of  control I  78 

state  board  of  education 6  1 1 

Primary  Certificates: 

special  certificates.- 1 08  42 

Proceedings  of  Board: 

abstract  to  be  posted 70  32 

Proceeds: 

levy  to  be  used  only  for  purposes  levied 9  73 

rental  for  oil  and  gas  from  school  lands. 48  ^2 

sale  of  school  property... 48  22 

taxes,  fines,  and  forfeitures  to  go  to  general  school  fund 7  72 

Professional  Certificates: 

renewal  of % 77 

Property: 

board  may  purchase  school  sites. 49  23 

buildings,  furniture,  and  equipment 50  23 

land  may  be  condemned— 49  23 

sale  of 48  22 

taxable,  for  levy  purposes 5  69 

title  to  school  sites. 47  22 

Publications: 

state  superintendent. „ 23  1 6 

Purchase: 

furniture,  fixtures,  equipment,  and  books. 50  23 

school  land._ 49  23 

text-books  to  be  furnished  free  to  pupils 65  30 

United  States  flags 63  30 

Pupils: 

colored 67  31 

compulsory  attendance 1 22- 1 30  46 

contagious  diseases,  excluded 87  37 

deaf  and  blind 152-170  56 

high  school  tuition 81  35 

medical  inspection 64  30 

not  to  be  employed..  ._ 1-3  91 

suspension  and  expulsion. 87  37 

teacher  to  have  authority  over. 87  37 

Transfer 59  28 

transportation  of .-. 58  28 

tuition......  59  28 


INDEX  117 


SEC.  PAGE 
Qualifications: 

county  superintendent 31                        17 

district  supervisors. 56                       26 

institute  instructors 116                       45 

state  superintendent^ 17                         15 

teachers. ». 104                       40 

Questions  for  Examinations : 

preparation  and  transmittal 101                        39 

return  of  manuscripts.- - 101                        39 

Quorum: 

district  board  of  education 45                       21 

Rates  of  Levy: 

additional  fund  purposes: 

bonded  indebtedness. 9  b.  c.              73 

elementary  and  high  schools. 9  a                   73 

elementary  schools: 

extension  of  minimum  term .'. 5  d,  e              71 

maintenance  building  fund  purposes. 5  a                   71 

new  building  fund  purposes 5  b                    71 

teachers'  fund  purposes 5  c                    71 

high  schools: 

board  may  lay  additional  levy 5                       71 

maintenance  building  and  teachers'  fund 5                       71 

Reading  Circle: 

certificates. 121                        45 

course  prescribed  by  state  superintendent 121                        45 

coupons  of  credit. 121                        45 

Removal : 

apprentices  from  industrial  home  for  girls. 1 79                       63 

members  state  board  of  control 1                        78 

members  state  board  of  education... 4                         9 

school  officers. " IV.  6                        3 

teachers.- 57                      27 

Renewal: 

fees. 77 

teachers'  certificates  (see  page  77,  also) Ill                       43 

Repairs: 

bond  required  from  contractors 52                       24 

school  buildings 5 1                        24 

Reports: 

annual,  county  superintendent... 20 

auditor,  concerning  general  school  fund 7                       72 

biennial,  of  state  superintendent 16 

district  supervisor's. 56                        26 

enumeration 9 1  -94                       38 

manuals  and  other  publications 16 

principals  and  teachers,  cases  of  truancy 

secretary's 75 

teacher's 89                       37 

Requirement : 

certificates,  general— 96 

elementary. 104                      40 


118  INDEX 


SEC.  PAGE 

emergency 109  42 

high  school., : 1 05  41 

normal  school 1 04  40 

short  course 1 07  42 

special 108  42 

supervisor's. _ 106  42 

Requisitions: 

supplementary  aid 7  72 

Revocation  of  Certificates: 

county  superintendent  shall  report  cases  of  immorality 112  44 

for  drunkenness  and  immorality. 112  44 

Rules  and  Regulations: 

for  district  supervision 56  26 

for  holding  examinations 97  39 

for  purchase  and  distribution  of  text-books. 13  14 

for  standardization  and  classification  of  schools. 8  II 

for  vocational  education 133  51 

of  state  board  of  education. 14  14 

Salary: 

advisory  council 5  1 0 

assistants  in  uniform  examinations. _ 99  39 

attendance  officer 1 23  47 

county  superintendent  of  schools 33  18 

county  financial  secretary 38  19 

district  board  of  education 45  21 

institute  instructors 117  45 

janitors 53  24 

principals  and  teachers  in  state  institutions. 7  1 1 

school  librarian 62  29 

secretary  to  state  board  of  education 6  1 1 

state  board  of  education 5  10 

teachers 55  25 

state  superintendent  of  schools 17  15 

supervisor  of  colored  schools. 25  1 7 

Sale: 

school  property 48  22 

School: 

board 4 1  -69  21 

buildings,  furniture,  and  equipment 50  23 

buildings  provided  jointly. 5 1  24 

calendar 97 

definition  of 1  9 

discontinuance  of. 58  28 

districts,  definition  of._ 3  9 

elections. „_.„ 184  65 

holidays. .-. 57  27 

houses  may  be  used  for  public  meetings.- 61  29 

land._ 47  22 

law: 

to  be  interpreted  by  state  superintendent 1 6 

to  be  printed  and  distributed 23  16 

libraries.__ 62  29 

property,  may  be  sold 48  22 

sites... 49  23 

term,  minimum 54  25 

year,  definition  of 2  9 


INDEX  119 


SEC.  PAGE 
Schools: 

colored. : 67  31 

colored  institute. 151  56 

,  collegiate  institute  (colored) 150  55 

consolidated... : 58  28 

deaf  and  blind. 152  56 

district  and  county  high 78  33 

evening,  extension,  part  time,  and  vocational. 61  29 

industrial,  for  boys 159  58 

industrial  for  girls._ 172  61 

preparatory  branch  of  the  university. 148  54 

state  normal 147  53 

state  university 134  51 

trades. 149  55 

School  Funds  and  Levies: 

additional  purposes. 9  73 

building: 

for  elementary  schools _  5  7? 

for  high  school. — '. 5  7f 

teachers: 

for  elementary  schools 5  71 

for  high  schools. 5  71 

general  school  fund. •- 7  72" 

vocational  (Smith-Hughes) 131  5O 

Secretary: 

district  board  of  education 69  3t 

duties: 

administer  oaths 7 1  32 

general 69  3! 

make  abstracts  of  proceedings. 70  32 

make  other  reports. 75  32 

other  duties. 77  33 

penalty  for  failing  to  perform  duties. 74  32 

receive  assessor's  certificate. 72  32 

report  rate  of  levy. 73 

county  financial 38  1 9 

state  board  of  control T  78 

state  board  of  education  ._.v — 6  11 

Settlement: 

sheriff's: 

with  financial  secretary. 187  66> 

with  county  court- 190  66' 

to  be  made  with  reference  to  school  year 2  9 

Sinking  Fund: 

provision  for. ~ 9  b,  c  73- 

Sites: 

school „ 49  23 

Special: 

bond  levy 1 83  64 

certificates 108  42 

debt  levy... , 9  73 

election  for  laying  additional  levy 54  25 

school  elections,  how  held..... 184  65 


120  INDEX 


SEC.  PAGE 
State  Board  of  Control: 

accept  gifts  for  institutions. 16                       84 

appointment  of r 1                        78 

conditions  and  records  of  institutions  to  be  examined  by 8                       80 

construct,  remodel,  and  repair  buildings. 13                       83 

corporation  powers. 1                        78 

creation  of I                        78 

determine  kind  of  animals  to  be  slaughtered. 12                        82 

employ  architects. 1 3                       83 

expenses  of  members 2                       79 

fix  number  and  compensation  of  assistants  and  employees  of  insti- 
tutions.  _ 10                      81 

fix  salaries  of  officers  and  employees 10                       81 

forfeit  office  when 1 2                       82 

governor  may  direct  to  make  investigation 1 5                       84 

how  constituted 1                        78 

inspect  meats,  poultry,  etc 1 2                       82 

insure  institutions.- „ 1  7                        85 

investigate  charges  against  employees. 10                       81 

make  report  to  governor. 1 5                       84 

make  rules  for  its  conduct 1 1                        82 

management  and  control  of  certain  institutions. 3  &  4  79 

money  due  institutions  reported  to 6                       80 

offices  and  fixtures. .. .„. 1                        78 

pay  salaries  when 10                       81 

prescribe  records  to  be  kept 14                       84 

publish  and  award  contracts. 1 2                       82 

purchase  supplies. 1 2                      82 

recommend  removal  of  certain  officers. 10                       81 

removal  of. . . . 78 

salaries  of  employees  of 8                       80 

salaries  of  members 1                        78 

secretary  and  clerks  to  be  appointed  by._ 8                       80 

set  of  books  to  be  kept  by. 8                       80 

summon  witnesses. 9                       8 1 

time  given  to  duties I 

titles  vested  in.__ 5                       79 

to  have  no  interest  in  contracts  or  gifts. 12 

visit  institutions 9                       81 

*• 

State  Board  of  Education: 

board  of  regents  and  school  book  commission  abolished 16                       15 

charters  of  colleges  and  other  schools  to  be  approved 

emergency  certificates  regulated  by. — 1 09 

high  school  certificates,  requirements 105 

how  constituted,  vacancies,  how  filled —  ._ 4 

may  be  punished  for  accepting  gifts  and  bribes. 

meetings,  salary,  expenses ; 5                         10 

normal  school  certificates  approved  by._ 104 

organization 6 

powers  and  duties... 

shall  adopt  text-books  (see  text-books) 11                        1 2 

shall  exercise  other  authority. 1 5 

shall  make  rules  relaring  to: 

physical    education,    special    schools    and    duties    of    school 

officials 14                      14 

appropriation  of  federal  money  for  the  removal  of  illiteracy 14 

school  attendance,  classification  of  schools,  and  the  issuing  of 

certificates  upon  credentials 1 4 

shall  prescribe  minimum  standards  for  courses  of  study. 

shall  regulate  purchase,  distribution,  and  care  of  text-books 13 


INDEX  121 


SEC.  PAGE 

shall  require  plans  for  school  buildings  to  be  approved 10                       12 

special  certificates  to  be  recommended  by „ 108                       42 

training  of  teachers. _ 8 

vocational  education  under  regulation  of 133                       51 

State  Board  of  Regents: 

abolished. 16                      15 

State'Normal  Schools: 

Athens. H7                     53 

Fairmont 147                      53 

Gfenville. 147                     53 

Marshall  college. 147                      53 

Shepherdstown _  147                      53 

West  Liberty 147                      53 

State  Professional  Certificates: 

renewal  of..,  „„___.__... „__...._...-..._._......._._....._-_.._.___._... ............................  77 

StatejSuperintendent  of  Schools: 

election,  qualifications,  salary,  and  traveling  expense. 1 7 

may  hold  conference.,... _.._. .. ..... ...............  21                        16 

shall  distribute  state  manuals  and  other  publications 16 

shall  employ  assistants. .... ............_ ............  25                        1 7 

shall  exercise  other  powers  and  duties. 26                      .17 

appoint: 

assistants. . . ...................... ............_  25                       1 7 

institute  instructors. __.«..... ........................ . ....  116                        45 

graders 1 02                      40 

issue: 

certificates;   of  three  grades. 104                      40 

emergency  certificates. 1 09                       42 

elementary  certificates. —  1 04                       40 

life  certificates 111                        43 

high  school  certificates 105                       41 

special  certificates . .. ...................  1 08                      42 

normal  school  certificates. . 104                       40 

diplomas.. 23                       1 1 

certificates  for  reading  circle  work.- 121                        45 

requisitions  for  county  superintendent's  salary 34                       18 

notify: 

county  superintendents  amount  of  supplementary  aid..  7                       72 

county  superintendents  amount  of  high  school  aid. 82  d                  36 

prepare: 

blanks  and  forms. 19                      15 

manual  of  course  of  study. • 1 6 

questions  for  examinations. 

list  of  library  books. 23                       16 

-Describe: 

manner  of  conducting  examinations 97 

reading  circle  courses.... ..............._............._-.......— .......—  121                        45 

provide: 

seal 18                     15 

examinations  in  reading  circle  courses. 45 

renew  certificates  (see  page  77  also) 43 

revoke  certificates.. 112                       44 

serve  as  a  member  of  state  board  of  education 

sign  requisitions. 

•shall  give  interpretation  of  school  law 16 

shall  have  general  supervision  of  schools ?. 

shall  institute  proceedings.- 20                       16 

shall  make  a  biennial  report '6 


122 


INDEX 


SEC.  PAGE 

State  Tax  Commissioner: 

shall  prepare  certain  forms. 13  76 

Sub-district 

creation  of. „„-..„ .......................................... . .............. ...  9 

may  be  abolished,  when 58  28' 

Subjects: 

designated  by  board  for  high  school  certificates. 105  41 

examination,  for  elementary  certificates. 104  40 

Superintendent : 

county. 3 1  -40  \T 

district 56  26 

state.__IZZZl.."ll 1 7-26  1 5 

Supervisors: 

certificates. 106  42 

district 56  26 

Supplementary  Fund: 

general  provisions  for._ 7  72 

Teachers: 

appointment  of 57  27 

colored,  normal  training  for. 

contracts. 86  36 

enumeration  to  be  taken  by. 

examinations  and  certificates. . 96-1 12 

exempt  from  serving  on  juries. 

fund. 5  c  71 

institutes.... 1 1 3- 1 20  44 

kindergarten 60  29 

may  be  dismissed  and  school  discontinued — 

may  be  removed  for  what 

must  hold  certificates.- 96 

payment,  how  made. 

pupils  to  be  reported  to  attendance  officer  by._ 

reading  circles. 

records  and  reports 37 

salaries. 

teacher's  authority. 

Term: 

county  superintendent. '. 

length  and  extention  of  school 54 

graded  schools: 

connected  with  normal  training  high  schools. — 

members  of  state  board  of  education 

members  of  district  board  of  education 

state  board  of  control 

state  superintendent- 

reports  and  registers — 

trustees.- _ 53 

Text-Books: 

adopted  by  state  board  of  education — 

bids  and  bonds  required. 1 1  b 

commission  abolished.- * 16 

depositories. 1 '  e 

deposit  from  publisher  required 1 1  a 


INDEX  123 


SEC.  PAGE 

65  30 

gifts  and  bribes '. 12  14 

regulation  as  to  price 1 1  c  &  d  12 

rules  governing  purchase  and  distribution 13  14 

samples  and  prices  to  be  submitted. 1 1  a  12 

Transfer: 

pupils  may  be  transferred — tuition.— .................... ................................  59  28 

Truancy: 

compulsory  attendance 1 22  46 

officer. %. 123  47 

Trustees: 

appointment  of. 53  24 

authority  of 53  24 

Tuition: 

elementary  school. ,....  59  28 

high  school.. 8 1  35 

Vacancies: 

county  superintendent. 32  1 8- 

district  board  of  education 43  21 

state  board  of  education . 4                          9 

* 
Validity: 

elementary  certificates. 1 04  40 

emergency. 109  42 

high  school.. 1 05  41 

normal  school 104  40 

short  course. 1 07  42 

special... 108  42 

supervisors 1 06  42 

Valuation  of  Property: 

board  to  levy  upon.. , 5  71 

report  of. .- 6  7 1 

statement  of  assessed 5  71 

Violation: 

compulsory  attendance: 

by  parents  or  guardians. 122  46 

by  school  officers... 125  48 

by  persons  aiding  or  abetting  violation  of. 126  48 

for  deaf  and  blind.. 130  49 

Vote: 

for  additional  levy. 9  73 

for  county  superintendent;    tie  in 31  17 

for  longer  school  term 54  25 

for  members  of  district  board;    tie  in 42  21 

on  school  levy 5  d,  e  71 

Vocational  Education : 

acceptance  of  federal  act 131  50 

custodian  of  funds 132  50 

under  control  of  state  board  of  education 133  51 

West  Virginia: 

Collegistate  institute 1 50  55 

Industrial  School  for  Boys. 159  58 


124  INDEX 


SEC.  PAGE 

certification  of  list  and  credits  to  county  court — levy  com- 
pelling payment 170  61 

commitments.- 160  58 

commitment  fees 1 64  59 

conveyances  of  youths  to  school — expenses. 165  59 

convicts. 161  58 

date  accompanying  commitment.. 162  58 

list  of  inmates  for  auditor 1 69  60 

offenses. 166  60 

payment  by  counties  of  cost  of   detention — reimbursement....  1 68  60 

parole. 171  61 

proceedings  for  commitment * 163  59 

transfers  between  school  and  penitentiary.. 1 67  60 

Industrial  Home  for  Girls: 

admission 1 73  61 

binding  out  inmates  as  apprentices 1 77  62 

cruelty  to  apprentices. 1 78  63 

date  accompanying  commitment — return  and  sentence. 1 74  62 

jurisdiction  of  apprentices — by  circuit  court — desertion 180  63 

name — location 1 72  61 

removal  of  apprentices — escapes. 179  63 

separation  of  races 1 76  62 

trial  on  complaint- 1 75  62 

Schools  for  Deaf  and  Blind: 

admission 153  56 

clothing 154  56 

compensation  for  registration. 1 58  58 

course  of  instruction..... 156  57 

name,  location,  management,  purpose 152  56 

period  of  attendance — special  admissions 155  57 

registration. 157  57 

Trades  School: 

location  and  general  provision  for. 149 

University: 

admission  and  graduation  of  students. 138 

agricultural  extension  division ___.*....-... ...... . ...... .  1 39 

agricultural  experiment  station 144 

anatomical  board,  use  of  dead  bodies. 145  53 

colleges,  schools,  departments. 137  51 

endowment  for  agricultural  college. 142  53 

extension  in  general 141  52 

federal  appropriations. 1 43 

military  training. 1 40  52 

name,  location,  control 134  51 

powers  and  duties  of  the  president 135 

president  shall  make  biennial  reports 136 

White  and  Colored: 

pupils;   constitutional  provisions XII,  8  6 

statutory  provision... 67 

Year: 

school 2  9 

Youth: 

enumeration . .. . . .... ............. ...,. 

enumeration  of  deaf  and  blindL_. ._....__.-, ........ . ..............  49 

School   ao-^ L ,  .   . t . . „  5  2S 


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